A student-run group at NALSAR University of Law
[This post has been authored by Angeline Priety and Nisha Nahata, fourth year law students at Gujarat National Law University, Gandhinagar. Part I can be found here.]
In Part I of this essay, we looked at how Insurtech is shaping up in India within the current legal framework. Identifying emerging risks is essential to ensuring the industry is here to stay. In Part II, we look at the challenges before the industry and suggest recommendations to build trust in the minds of the consumers.
[This post has been authored by Angeline Priety and Nisha Nahata, fourth year law students at Gujarat National Law University, Gandhinagar. Part II can be found here.]
In recent times, data driven sectors have been going over and beyond to harness technology to consolidate, utilise and analyse data from various sources for efficient functioning. In the Insurance industry, these efforts have led to the creation of the Insurtech sector. In Part I of this essay, the authors shall elucidate the emerging models of insurtech and the Indian legal framework governing it. In Part II we shall highlight the challenges that the Insurtech industry faces and proposes recommendations to navigate through them.
[This post has been authored by Ms. Vasundhara, Managing Partner, Verum Legal and Mr. Mudit Kaushik, Counsel, Zeus IP. Part One can be found here]
International Precedents and Comparison
While every nation in the world strives to ensure the digital security of its citizens, there are very few legislative developments to back up the claim. The General Data Protection Regulations of the European Parliament that became effective from May 2018, is a unique legal framework that enforces a unilateral form of data security laws that all EU members comply with, to ensure the protection of the European market as a whole.
[This post has been authored by Ms. Vasundhara, Managing Partner, Verum Legal and Mr. Mudit Kaushik, Counsel, Zeus IP. Part Two can be found here]
Data breaches have become an issue for companies in the digital era, with no entity being spared for direct or even indirect involvement in a breach. Recently, Dominos Indiawas subject to a data breach by an unidentified hacker who allegedly took over 20 crore order details from Domino’s India server. What must have been worrisome for Dominos India would have been the fact that they collect information such as their customer’s name, email address, contact details, location and their address.
[This post has been authored by Tanvi Tanu and Sakshi Tulsyan, 2nd year students at the University of Petroleum and Energy Studies, Dehradun.]
The biases and inequalities are infused in the criminal justice system and are baked into the algorithmic tools, Pretrial Risk Assessment instruments being one of them. These tools are used in the determination of a qualitative value of risk related to the non-appearance of a pretrial defendant at trial; they are lauded as a substitute for the perturbing cash-reliant bail system.
[This two-part essay has been authored by Aarya Pachisia, a 4th-year law student at Jindal Global Law School. Part One can be found here.]
Continuing the argument of how the executive seeks to control different actors under the Bill, this article focuses on executive control over the citizens. I advance the argument in two parts. First, I argue that under section 35 of the Personal Data Protection Bill, 2019 (‘the Bill’), a notification by the executive can exempt any stage agency from obtaining consent to process data of the citizens. There is no oversight mechanism envisaged by the Legislature under the Bill, as recommended by the Committee to validate or invalidate such notifications. Second, I argue that the Bill also considerably dilutes the consent framework under the Bill and drifts away from the concept of allowing the data subject to exercise control over personal data at every stage.
[This two-part essay has been authored by Aarya Pachisia, a 4th-year law student at Jindal Global Law School. Part Two can be found here.]
Technology is advancing at lightning speed, making privacy violations inevitable. Today, machine learning software is sophisticated enough to predict one’s sexual orientation, political and religious affiliation merely by processing their likes on Facebook. The Whatsapp Snooping scandal is another instance, where WhatsApp has filed a case in the court of California against the NSO group for hacking targets’ phones through the app. The case brought to light that unchecked power and absence of proper legal mechanism can lead to gross violations of right to privacy.
[The following post has been authored by Harshita Lilani, a third year student of NALSAR University of Law. This essay is part of an ongoing collaboration between r – TLP and the NALSAR Tech Law Forum Blog and is the fourth post in the series. The first entry can be found here, and the rest of series is available here.]
Financial inclusion and inclusive growth have emerged as one of the main agendas in the past decade as several nations have become aware that sustainable and inclusive growth of all the sections of the society is important for a nation to prosper. By working parallelly with traditional financial institutions like banks, credit unions and insurance companies, Financial Technology or ‘FinTech’, claims to enhance financial inclusion by offering novel products that are better tailored to consumers’ needs at a lower cost. However, a wide ‘FinTech gender gap’ shows that women are significantly less likely to use fintech products or services offered by the fintech entrants than men. This article discusses this gender gap in the FinTech industry and analyses the existing government policies and initiatives that claim to regulate fintech with an aim to bridge this gap. Finally, it highlights the key regulatory and policy changes that are required to create an enabling environment for financial inclusion in India.
[This post has been authored by Sanjana L.B., a 4th year student at Symbiosis Law School, Hyderabad.]
In January 2021, India had the highest number of Facebook users at 320 million. This was followed by the United States of America (“USA”), with 190 million users. As of February 2021, about 53.1% of the population of Myanmar were active social media users. These numbers are not only indicative of internet penetration, but also of the audience for user-generated content on platforms like Facebook. This article focuses, firstly, on the need for content moderation on social media by looking at harmful precedents of inefficient moderation, and secondly, on the Indian Government’s approach to content moderation through the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”) and recent developments surrounding the regulation of social media content in India.
[This post has ben authored by Ajeeth Srinivas, a 4th year student at School of Law, Christ University, Bangalore.]
The first Part of this Article analysed the judgement in the case of Google v Oracle, in suppoet of the minority opinion. The first part analysed the implications of the judgement on the idea-expression dichotomy and Google’s contentions regarding the merger doctrine, by understanding the structure of Oracle’s JAVA software, and noting the relationship between the declaring code and the implementing codes. This part analyses the second aspect of the majority judgement, and supports the views of the dissenting judges on the issue of Fair Use.