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A Comparative Analysis of Adtech Regulations in India Vis-a-Vis Adtech Laws in the UK

Posted on September 18, 2022 by Tech Law Forum NALSAR

This post is authored by Rupa Veena S and Julia Anna Joseph, 4th year BBALLB students at School of  Law, Christ University 

INTRODUCTION

Adtech is advertising technology used by businesses to attract potential consumers to their websites. Adtech tools are used to track consumer preferences which are used for marketing products to potential consumers digitally. The Adtech industry has witnessed tremendous growth from the onset of the pandemic when a large proportion of consumers engaged in online shopping. However, the privacy concerns of adtech cannot go unaddressed. In light of the same, this article discusses various practices in the adtech industry that involve violation of privacy. It also makes a comparative analysis between the laws dealing with data protection and privacy concerns arising out of adtech in the United Kingdom (UK) and India.

Practices in the Adtech industry that violate Privacy

The entire adtech ecosystem relies on the personal data of consumers to display ads based on their preferences. Programmatic advertising is the most commonly used adtech and is automated in nature. It is used to buy or sell advertising space. Real-time bidding (“RTB”) is the most widely used programmatic advertising tool. RTB is used by publishers to sell ad space to advertisers who bid the highest in an auction. While advertisers make use of demand-side platforms (“DSPs”) to bid on advertising space, publishers use supply-side platforms (“SSPs”) to sell their ad space. The price for the purchase of ad space is agreed upon in online marketplaces called ad exchanges where publishers and advertisers are connected through DSPs and SSPs. The price while bidding is determined by the consumer’s information available to the advertisers. Cookies and other similar technologies are used to collect consumers’ personal data. The price paid for using websites which are “free” is the personal information collected and used to display ads. Now, what remains questionable is whether consumers’ personal data is collected or processed with their consent or not.

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Regulating Real Money Games: Examining Alternatives to Prohibition (Part II)

Posted on February 4, 2022 by Tech Law Forum NALSAR

[This is the second part of a two-part post authored by Mitali Kshatriya, a fourth-year law student at RMLNLU, Lucknow. Part I can be found here]

In Part I, the article highlighted the incongruous legislative framework for regulating real money gaming sector followed by the possibility of introducing central laws for regulating the sector. In Part II, the article aims to highlight various regulatory measures which can be adopted to mitigate adverse effects of real money gaming without impeding the growth of the sector.

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Inclusive FinTech: Bridging the Gap

Posted on May 24, 2021May 24, 2021 by Tech Law Forum NALSAR

[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.

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Facial Recognition and Data Protection: A Comparative Analysis of laws in India and the EU (Part I)

Posted on April 3, 2021April 3, 2021 by Tech Law Forum NALSAR

[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 grown in the past few years. Facial recognition comes under the aegis of biometric data which includes distinctive physical characteristics or personal traits of a person that can be used to verify the individual. FRT primarily works through pattern recognition technology which detects and extracts patterns from data and matches it with patterns stored in a database by creating a biometric ‘template’. This technology is being increasingly deployed, especially by law enforcement agencies and thus raises major privacy concerns. This technology also attracts controversy due to potential data leaks and various inaccuracies. In fact, in 2020, a UK Court of Appeal ruled that facial recognition technology employed by law enforcement agencies, such as the police, was a violation of human rights because there was “too broad a discretion” given to police officers in implementing the technology. It is argued that despite the multifarious purposes that this technology purports to serve, its use must be regulated.

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Facial Recognition and Data Protection: A Comparative Analysis of laws in India and the EU (Part II)

Posted on April 2, 2021April 3, 2021 by Tech Law Forum NALSAR

[This two-part post has been authored by Riddhi Bang and Prerna Sengupta, second year students at NALSAR University of Law, Hyderabad. Part I can be found here]

Procuring Data from Private Entities

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Algorithm Based Systems and the State: A Brief Inquiry

Posted on November 13, 2020November 13, 2020 by Tech Law Forum NALSAR

[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Harsh Tripathi, a second year student of NALSAR University of Law.]

Picture this: A computer software, running on AI-based algorithms, has been deployed to scrutinize housing applications. However, the applications filed by the members of a particular community or people with a particular sexual identity are constantly rejected while most allocations are being made to the members of a different community. 

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Managing Regulatory Turbulence: Of Privacy, Consent and Drones

Posted on October 29, 2020November 13, 2020 by Tech Law Forum @ NALSAR

[Samraat Basu is a technology and data protection lawyer and Naveen Jain is a corporate lawyer specialising in M&A and PE/VC funding.]

The Indian regulatory landscape regarding the use of remotely piloted and autonomous drones has been evolving over the last few years. In June, the Government of India released the draft Unmanned Aircraft System Rules, 2020 (“UAS Rules”) to regulate the use of drones.

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A Letter to MeitY

Posted on July 14, 2020July 14, 2020 by Tech Law Forum @ NALSAR

In a recent decision, the Government of India banned 59 Chinese Applications under Section 69A of the Information Technology Act, 2000 read with relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules 2009. This ban was imposed as an interim measure on the ground that the concerned applications were “engaged in activities which are prejudicial to the sovereignty and integrity of India, defence of India, security of state and public order.” In lieu of this imposition, the Technology Law Forum of NALSAR University of Law (“Forum”) authored a letter to Shri Ajay Prakash Sawhney (Secretary, Ministry of Electronics and Information Technology) on 6 July 2020, expressing concerns and seeking clarifications about the ban. 

Firstly, the Forum asserted that the power under Section 69A of the Information Technology Act and its corresponding Rules is meant to be exercised for imposing content-based restrictions on the internet, and not for sweeping bans on entire applications. Secondly, the Forum pointed out that the Government had failed to make public a reasoned order justifying how the ban was reasonable and proportionate under Article 19 of the Constitution. Thirdly, the Forum noted that while some of the banned applications like TikTok and Weibo did have data protection and privacy concerns, others like Kwai did not have any such concerns or history of data leaks. To this end, it noted that a sweeping ban was arbitrary, more so in the absence of any data protection law supporting it. Fourthly, the Forum called upon the Government to clarify whether the ban was imposed under the exception framework of the GATT or the GATS, and to demonstrate how this ban was non-discriminatory under international law. Lastly, the Forum pointed out that many of the banned applications such as TikTok and Kwai were extremely popular in India’s semi-urban and rural areas, serving as a much-needed outlet of self-expression and source of income for marginalised communities. Accordingly, the Forum requested the Ministry of Electronics and Information Technology to consult with deprived user-stakeholders before arriving at the final decision. 

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Assessing India’s Obsession with Data Localization: Concerns of Jurisdiction

Posted on July 13, 2020July 13, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Prashant Khurana, LL.M. Graduate (Class of 2020) from the UCLA School of Law and Founding Editor at Polemics and Pedantics Magazine, and Parth Maniktala, LL.B. Candidate (Class of 2021) at the Campus Law Center, University of Delhi, and Editor at Polemics and Pedantics Magazine.]

COVID-19 has spawned efforts geared towards contact-tracing, triggering collection and processing of sensitive personal data across the world. Legal protections surrounding this large-scale data collection are predominantly nascent, raising significant concerns about the precedent this sets for data privacy. In India, the Supreme Court’s landmark Puttaswamy judgement recognized privacy as intrinsic to the right to life and liberty, as secured by Article 21 of the Constitution. However, the Court conceded that privacy may be abridged if a legitimate interest, say, an epidemic, exists—provided the doctrine of ‘proportionality’ is satisfied. Notably, India’s controversial data protection legislation is yet to be enacted, and in its absence, judicial pronouncements govern. 

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Welcoming The Era of Technology Friendly Laws in India

Posted on January 2, 2020November 1, 2020 by Tech Law Forum @ NALSAR

This brief introduction to regulation of autonomous vehicles has been authored by Khushi Sharma and Aarushi Kapoor, second year students of Hidayatullah National Law University (HNLU), Raipur. [Ed. Note: This article was written before the 2019 Personal Data Protection Bill had been made public. Click here for the new Bill.]

India being the 7th largest manufacturer of commercial vehicles in the year 2017-18, coupled with its automobile sector which is the 4th largest in the world, are key factors driving India’s economic growth. Technological advancement is both a cause and effect of this growth. Innovative minds rule India and the world today to such an unimaginable extent that the very idea of acar running by itself with onejust sitting back and relaxing, now seems a reality. The debut of driverless vehicles in India was at Defexpo 2016 in New Delhi where Novus Drive, a driverless shuttle was introduced. However, a recurring question is ‘Are we really ready yet?’

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