This post is authored by Raj Shekhar, a fourth-year student from National University of Study and Research in Law, Ranchi The Indian Computer Emergency Response Team (“CERT-In”), on 28th April 2022, issued new directions (“Directions 2022”) under the powers conferred to it by Section 70B(6) of the Information Technology Act, 2000 (“IT Act”). The…
Category: Data Protection
Brain Computer Interface: A Breakthrough Medical Development or a Black Mirror Episode for Your Personal Data?
[This piece has been authored by Anushruti Shah, a fourth-year law student at the Hidayatullah National Law University, Raipur] Introduction It is relatively unknown, but brain implants and other neural devices have been effectively utilized for quite a long time to treat neurological and brain injuries. Such devices claim of enhancing the quality of…
Duty of a Data Fiduciary to Report a Breach: Part II
[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 ComparisonWhile 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…
Duty of a Data Fiduciary to Report a Breach: Part I
[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…
Right to Privacy at the Mercy of the Executive: Part II
[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….
Right to Privacy at the Mercy of the Executive: Part I
[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…
Breaking Encryption and Violating User Privacy: Is there a Way Out?
[This post has been authored by Shamik Datta and Shikhar Sharma, first year students at NALSAR University of Law and National Law School India University respectively.] How the IT Rules break End-to-End Encryption End-to-end encryption ensures that intermediaries or third parties don’t have access to the content of the message and identity of the communicating…
Geospatial Data Deregulation and Personal Data Protection
[This post has been authored by Varsha Rajesh, a final year law student at School of Law, Christ University, Bangalore.] In February 2021, the Department of Science and Technology of the Government of India issued the Guidelines for acquiring and producing geospatial data and geospatial data services including Maps which applies to entities collecting geospatial…
Mapping the rise of the surveillance state amid the COVID-19 crisis
[This post has been authored by Noyanika Batta, a Senior Associate at Lakshmikumaran & Sridharan Attorneys. She is a 2018 graduate from Gujarat National Law University.] There exist dichotomous views on the usefulness of surveillance and its relationship with public health. The disease control strategies adopted by the states often necessitate extensive surveillance practices having…
Facial Recognition and Data Protection: A Comparative Analysis of laws in India and the EU (Part I)
[This two-part post has been authored by Riddhi Bang and Prerna Sengupta, second year students at NALSAR University of Law, Hyderabad. Part II can be found here] With the wave of machine learning and technological development, a new system that has arrived is the Facial Recognition Technology (FRT). From invention to accessibility, this technology has…