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Right to Privacy at the Mercy of the Executive: Part I

Posted on June 11, 2021June 11, 2021 by Tech Law Forum NALSAR

[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 on Facebook. The Whatsapp Snooping scandal is another instance, where WhatsApp has filed a case in the court of California against the NSO group for hacking targets’ phones through the app. The case brought to light that unchecked power and absence of proper legal mechanism can lead to gross violations of right to privacy.

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.

A Surveillance Story

Posted on January 16, 2021February 26, 2021 by Tech Law Forum NALSAR

[This post has been authored by Ada Shaharbanu and Reuel Davis Wilson.]

Our familiarity with surveillance generally brings to mind the methods adopted in the 20^th century. Common among these are the tapping of telephone lines, stakeouts and the interception of postal services. However, it becomes difficult to keep a track of the multiplicity of ways in which surveillance is presently conducted. Advanced technology has barely allowed us to familiarize ourselves with one thing before the next comes along.

Examining the Rise of the ‘Splinternet’

Posted on December 10, 2020December 8, 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 Manasvin Andra, a fourth year student of NALSAR University of Law.]

Data localisation laws have been on the rise in recent years. Since Edward Snowden’s revelations regarding the National Security Agency’s PRISM program, states have begun associating informational security with the need to retain data within their territories. The list of countries insisting on data localisation is long, including Brazil, Germany, Russia and South Korea. India is also on the path to adopting localisation norms, primarily through the revised Personal Data Protection Bill, 2019.

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.

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.

Employing Blockchain Technology To Systematize Organ Donation in India

Posted on September 27, 2020September 27, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Sindhu A., a final year student at School of Law, Christ University.]

In terms of organ donation, India is ranked among the lowest globally, with an organ donation rate of a mere 0.86 donors per million. According to a recent study, around 5,00,000 people need organ transplantation every year and 90 percent of the people on the waiting list die without receiving an organ. India was known as the most common source of organ trade and although there was a gradual decline with the enactment of legislations, the illegal underground market persists as a looming threat. The above-mentioned statistics indicate the need for a fundamental change in the way the Indian organ network operates. One of the most efficient ways to remedy this is to appropriate blockchain technology to better manage organ donation and allocation.

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.

How Facial Recognition Systems Threaten the Right to Privacy

Posted on June 27, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Prajakta Pradhan, a 1st year student at Dr. Ram Manhar Lohiya National Law University (RMLNLU), Lucknow.]

Facial recognition involves the use of face mapping techniques to identify an individual’s facial features and compares it with available databanks. The facial recognition market is expected to grow to $7.7 billion in 2022 from $4 billion in 2017. The reason for this stellar growth is the varied application of facial recognition technology in both private and public sectors, with governments of many countries using facial recognition for law enforcement and surveillance.

Abrogating Self-Regulation of E-Commerce Marketplaces: An Analysis of CCI’s Market Study

Posted on June 17, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Urmil Shah and Vishwa Mukhtyar, 3rd year students at Auro University, Surat.]

With the growth in economic activities in digital space, the e-commerce industry has gained traction in the last decade and revenue from the sector is expected to shoot USD 120 billion by 2020. Realizing the anti-competitive concerns arising out of the inventory model of e-commerce, whereby the platforms can hold inventory and sell directly to consumers, the DPIIT has disallowed FDI and permitted 100% FDI under automatic route for marketplace model. The Indian anti-trust regulator CCI, in January 2020, released a detailed report on understanding the modus operandi of e-commerce operations in India and the anti-trust ramifications in the market. The focus of the study was on e-commerce marketplace platforms in sector of goods food delivery and accommodation service. Certain competition issues are akin to this sector, which creates a novel groundwork for regulatory supervision for competition authorities includes: