Are You Liable For Sharing Someone’s Personal Info Online?

Sharing someone’s personal information online without their consent can lead to serious legal consequences, especially if it violates privacy rights or causes harm. Various data protection, privacy, and cyber laws regulate the handling and disclosure of personal data. Liability arises when information is shared unlawfully, resulting in damage to the individual’s reputation, privacy, or safety.

Are You Liable For Sharing Someone’s Personal Info Online?

Consent Is Key:

Sharing personal information without explicit consent generally constitutes a violation of privacy laws and can attract liability, especially if the information is sensitive or confidential.

Applicable Laws:

In India, the Information Technology Act, 2000 (especially the rules under Section 72A), the Personal Data Protection Bill (pending legislation), and the Indian Penal Code (IPC) provide grounds for liability related to unauthorized sharing of personal data.

Privacy and Data Protection:

Personal data shared without authorization may infringe on the individual’s right to privacy, recognized as a fundamental right by the Supreme Court of India.

Defamation and Harassment:

If the shared information harms the reputation or causes mental distress, additional legal actions such as defamation suits or complaints under the Indian Penal Code (IPC) can apply.

Cybercrime Liability:

Unauthorized online sharing may also be treated as a cybercrime, attracting penalties including fines and imprisonment.

Exceptions:

Liability may not arise if the information shared is already public, or if sharing is done under legal authority or in the public interest with due care.

Remedies for Victims:

Victims can seek civil damages, file complaints with cybercrime cells, or approach consumer courts for compensation and injunctions against further sharing.

Example

Scenario:

An individual posts private contact details of another person on social media without permission.

Steps:

The person whose details are shared files a complaint with the cybercrime police or data protection authorities.

Legal action is initiated against the offender for violation of privacy and unauthorized data disclosure.

The court may order removal of the content and award compensation to the victim for damages caused.

The offender may also face fines or imprisonment depending on the severity of the breach.

This example highlights the potential legal liabilities involved in sharing personal information online without consent.