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…
Category: Privacy
IT AMENDMENT RULES 2022: An Analysis of What’s Changed
[This post is authored by Sohina Pawah, a second-year student at the NALSAR University of Law, who is also an Editor for the TLF] INTRODUCTION Back in June 2022, the Ministry of Electronics and Information Technology (“MeitY”) had first released the proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021…
The Telecommunications Reforms: A Step towards a Surveillance State (Part II)
[This is the second part of a two-part post analyzing the Draft Indian Telecommunication Bill, 2022. It is authored by Intisar Aslam, a second-year student at National University of Study and Research in Law, Ranchi. This first part can be found here] Decryption: Preventing Cyber Frauds or Invading Privacy? The Draft Bill requires OTT Communication…
CERT-In Directions on Cybersecurity, 2022: For the Better or Worse?
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…
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…