Muting the ‘Immutable’ – The Curious Case of Cryptcurrency Mining Pools

Editor’s Note: In a longer read, Viraj Ananth explains how the existing regime of regulations for Cryptocurrency Mining Pools is inadequate.

Viraj Ananth is a third-year student at NLSIU. He currently serves as the Deputy Chief Editor of the Indian Journal of Law and Technology and is the Founding Editor of The Boardroom Lawyer. He has served as an invited member of the Karnataka Government’s Consultation Team on Innovation and Regulatory Sandboxes where he co-authored the Karnataka Innovation Authority Bill, 2018.

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Comments on the Srikrishna Committee Report and the Draft Data Protection Bill 2018 – V

[Ed Note : The following post, the fifth post in the series of posts containing comments to the Report and Draft Bill, 2018  published on the MeitY website, has been authored and compiled by students of NALSAR University of Law. This post contains comments on data localisation framework put forth by the Committee.
The first post in the series can be found here.]

The Data Protection Bill under Section 41 mandates any data fiduciary to store personal data of all data principals in India. It also requires companies process and store all critical personal data only in servers or data centers located in India. This requirement is colloquially known as ‘Data Localisation.’ The report justifies data localisation on several grounds such as easy enforcement, increase in compliance, reduction of foreign surveillance, among others. The following paper will discuss briefly the reasons provided by the Report, it will then critically evaluate the claims, and arguments made by the Committee. It will conclude by arguing against a requirement for data localisation.

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Comments on the Srikrishna Committee Report and the Draft Data Protection Bill 2018 – IV

[Ed Note : The following post, the fourth post in the series of posts containing comments to the Report and Draft Bill, 2018  published on the MeitY website, has been authored and compiled by students of NALSAR University of Law. This post contains comments on the amendment to Section 8(1)(j) of the RTI Act, 2005 that has been proposed by the Committee. 

The first post in the series can be found here. Keep watching this space for more posts!]

Transparency and accountability in a government and its administration is an indispensable part of a participatory democracy. Information is the oxygen for the survival of a democracy. The Right to Information Act was passed in 2005 replacing the Freedom of Information Act, 2002 so that every citizen has the right to access information controlled by public authorities. RTI is intrinsic to good governance and a necessity for democratic functioning.

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Comments on the Srikrishna Committee Report and the Draft Data Protection Bill 2018 – III

[Ed Note : The following post, the third post in the series of posts containing comments to the Report and Draft Bill, 2018  published on the MeitY website, has been authored and compiled by students of NALSAR University of Law. This post contains comments on the enforcement mechanism of the Draft Bill, 2018.

The first post in the series an be found here. Keep watching this space for more posts!]

Immediately, the Personal Data Protection Bill (hereinafter known as ‘the Bill’) makes it clear as to whom its provisions will affect. Section 2 of the Bill states that it will apply to processing of any personal data by the State, any Indian company, or any Indian citizen or other person incorporated under Indian law[1].

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Comments on the Srikrishna Committee Report and the Draft Data Protection Bill 2018 – II

[Ed Note : The following post, the second post in the series of posts containing comments to the Report and Draft Bill, 2018  published on the MeitY website, has been authored and compiled by students of NALSAR University of Law. This post contains comments on the Report and Draft bill in relation to the AADHAR issue. 

The first post in the series can be found here. Keep watching this space for more posts in the series!]

With the Supreme Court upholding the constitutional validity of the Aadhaar Act and scheme on the 27th of September, 2018, a significant impact will be felt by the Data Protection Bill. If one looks at the larger aim of a Bill like the Data Protection Bill, it is to recognize that an individual’s data and their rights over it are of utmost importance. With the Apex Court upholding the validity of Aadhaar albeit certain caveats, a thorn is created in the larger realization of the Bill’s goal. Principally, the limitation of the role of Aadhaar by the judgment would secure rights in terms of who uses available data and the interference of private parties. However, the fact that biometric data collection is still a valid process creates doubts regarding the conflicting nature of the aims of data protection and Aadhaar.

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