Bare Text Comparison of the Personal Data Protection Bill 2018 with the General Data Protection Rules : Part I – Right to Data Portability

INTRODUCTION TO SERIES

The Personal Data Protection Bill has garnered a fair degree of attention in the last few weeks. For the uninitiated, a brief description of the Bill and its significance can be found here.

The purpose of this series is to analyze the bare text of the Data Principal Rights espoused in the Bill (Chapter VI), namely the Right to Confirmation and Access, Right to Correction, Right to Data Portability and the Right to be Forgotten, in light of the text used in the European legislations to espouse the same values. Each post will deal with each of the above-mentioned rights.

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A Perfect Eden

[Ed Note : The following post has been authored by Anupriya Nair, a second year student of NALSAR University of Law. In an interesting and chilling read, Anupriya talks about the potential emergence of China-inspired social credit systems in India which essentially monitor our actions to tell us how trustworthy we are. What exactly does this entail? Read to find out more!]

Unlocking Novel Frontiers of Digital Control: The Potential Emergence of Social Credit Systems in India

Development of technology has begun to tread the fine line between liberation and oppression of society. In other words, the ever-evolving digital sphere has led us to face the paradox of having means to achieve new levels of inclusivity (liberation) while running an exponentially large risk of highly intrusive surveillance (oppression).

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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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