Category: Data Protection
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Reading the Indian Data Protection Law Against the Architecture Puttaswamy Built Nine Years Ago
Nine years ago, Puttaswamy recognised privacy as a fundamental right. The Digital Personal Data Protection Act, 2023, was the Indian Parliament’s chance to build the architecture that judgment contemplated. However, the Act falls short when tested against the judgment’s own three-fold test, its institutional expectations, and its dignitarian foundation. NINE YEARS AGO, a Constitutional…
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The Taxed Stake: How PROGA 2025 Creates a Paradox for In-Game NFTs and Play-to-Earn Tokens
[Alok Singh and Satvik Kapoor are third-year law students at Dr Ram Manohar Lohiya National Law University, Lucknow. In this piece, the authors interrogate the statutory tension between the newly enacted Online Gaming Act, 2025, which criminalises in-game NFTs and play-to-earn tokens as “other stakes”, and the Income Tax Act, 2025, which simultaneously taxes these…
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Digitally Existent, but Legally Absent? Examining the Digital Afterlife Industry under India’s Constitutional and Data Protection Framework
[Mohammed Ibrahim Faisal is a fourth-year law student at PES University. In this piece, the author examines the growing digital afterlife industry, where thanabots simulate the deceased using their lifetime personal data, and analyses whether India’s constitutional and data protection framework can accommodate postmortem privacy in this context. The piece argues that the extinguishment…
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Digital Sovereignty or Digital Surveillance? Examining Sanchar Saathi Under India’s DPDP Act
[Akshat Pal and Samya Rahul are second-year B.A. LL.B. (Hons.) students at National Law University, Jodhpur. This article examines the Sanchar Saathi app’s mandatory pre-installation directive and argues that its technical design, when combined with broad state exemptions under India’s Digital Personal Data Protection Act, enables mass surveillance that undermines constitutional privacy protections established in Puttaswamy. The author contends that…
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Zero Days and Zero Rights? Legal Vacuum In India’s Cyber Incident Reporting Regime
[This article has been co-authored by Aayushman Verma and Amal Singh Patel, who hold an MS in Cyber Law & Information Security from the National Law Institute University, Bhopal. It examines India’s cyber incident reporting regime under CERT-In’s 2022 Directions, arguing that while it imposes strict six-hour reporting deadlines on companies, it fails to create…
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The Cookie Consent Conundrum: Understanding EU’s Digital Privacy Law
[This article has been authored by Netraa Rathee, a 3rd-year student at NLIU, Bhopal. It traces the evolution of EU cookie regulation from the 2002 ePrivacy Directive’s opt-out model to today’s strict opt-in system, examining how consent requirements have tightened amid growing privacy concerns. The author explores enforcement challenges, consent fatigue, and the tension between…
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Pixelated Perjury: Addressing India’s Regulatory Gaps in Tackling Deepfakes
[This article has been authored by Isha Katiyar, a fourth-year B.Com. LL.B. (Hons.) student at Gujarat National Law University, Gandhinagar. It examines India’s legal framework for addressing deepfakes, highlighting gaps in the IT Act, BNS, and DPDP Act that fail to define or effectively regulate AI-generated media. The author proposes a comprehensive policy roadmap including…
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Lawtomation: ChatGPT and the Legal Industry (Part II)
[This is the second part of a two-part article analysing ChatGPT and its legal implications. It is authored by K Nand Mohan in the second year, and RS Sanjanaa in the third year at Symbiosis Law School, Pune. The first part can be found here] Inherent Drawbacks of ChatGPT and their Legal Implications In…
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The Digital Personal Data Protection Bill: A Move Towards an Orwellian State?
This post has been authored by Raghav Saha, a 3rd year student at Gujarat National Law University. Introduction It has been more than five years since the Apex court held the Right to Privacy to be a fundamental right. Nevertheless, the Government struggles to grasp the idea of protecting the rights of its citizens over…