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Search Results for: data protection

Data Exploitation and Discrimination Through “Empowering” Femtech Apps

Posted on March 13, 2021December 27, 2024 by Tech Law Forum NALSAR

[The following post has been authored by Yashaswini Santuka, 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 second post in the series. The first entry can be found here, and the rest of series is available here.]

Female healthcare and technology related to it, like other women-centric issues, are often suppressed and kept away from the spotlight. This is the result of years of direct and indirect suppression of women and their autonomy (bodily or otherwise), which has results in an increase in the popularity of technology aimed at “empowering” women. However, if the goal of tech-empowered, health tracking apps is to enable people to make informed medical choices, femtech companies have built apps that go beyond this goal. They have managed to successfully blur the line between healthcare and technology, going so far as to becoming apps designed primarily for men and violating the privacy of those it was meant to benefit. This article seeks to address the blatantly discriminatory nature of these apps, the privacy issues that come with entering data into the apps and the legal protection that users are entitled to.

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Metadata by TLF: Issue 19

Posted on December 21, 2020December 20, 2020 by Tech Law Forum NALSAR

Welcome to our fortnightly newsletter, where our reporters Harsh Jain and Harshita Lilani put together handpicked stories from the world of tech law! You can find other issues here.

Facebook Oversight Board picks the first batch of cases for review, adds additional matter from India

Facebook’s Oversight Board (OSB), an independent body set up to review moderation decisions by the company, chose 6 cases to review in the first week of December, 2020 from over 20,000 cases that were referred to it following the opening of user appeals in October 20, 2018. Five of the cases being considered by the OSB were referred via user appeals while the sixth arose from a reference by Facebook. A couple of days after announcing the first batch of cases, the OSB added an additional case for consideration from India. It involves a photo posted on a Facebook group with Hindi text describing the drawing a sword from its scabbard in response to “infidels” criticizing the prophet. The photo also included a logo with the words “Indian Muslims” in English. The accompanying text, also in English, includes hashtags calling President Emmanuel Macron of France “the devil” and calling for the boycott of French products.

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Non-Personal Data Governance Framework: Economic Ramifications on Start-ups

Posted on November 7, 2020May 24, 2023 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 Saumya Khandelwal, a second year student of NALSAR University of Law.]

Recently, a report on the ‘Non-Personal Data Governance Framework’ was released by an expert committee established by Ministry of Electronics and Information Technology (MeitY) for recommending a framework to regulate Non-Personal Data (‘NPD’). NPD is electronic information that cannot be traced back to an identifiable natural person (learn more about what is data governance here). The committee, believing in the huge potential of data, strove to create a framework to unlock the economic, social and public value of data. One of the objectives of the report is to wipe out the possibility of data monopolies. It aims to create certainty and incentives for innovation to encourage domestic start-ups, spurring digital economy growth. The recommended framework: enabling start-ups/businesses to access meta-data of data-driven businesses and building data marketplaces for easy exchange of data seeks to provide a level-playing field for all Indian actors. The goal of this article would be to show how the draft framework in its present form cannot achieve the aforementioned objective.

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Metadata by TLF: Issue 17

Posted on August 19, 2020December 20, 2020 by Tech Law Forum @ NALSAR

Welcome to our fortnightly newsletter, where our reporters Kruttika Lokesh and Dhananjay Dhonchak put together handpicked stories from the world of tech law! You can find other issues here.

SC moves to dismiss PIL implicating Jio’s liability in RCom’s AGR dues

Jio was recently made a party in a matter regarding adjusted gross revenue (AGR case) between companies in India and the Department of the Telecommunications and other telecom companies in India. The issue was regarding investigation into whether telcos like RCom, Videocon and Aircel wanted to evade paying their dues to the DoT by filing for insolvency. The DoT had decided that Jio was to be made liable for the 31000 crore AGR dues that RCom owed to the Department, since Jio was using RCom’s airwaves as evidenced by a 2016 spectrum sharing agreement. Jio sought to prove that the spectrum was simply leased and that they didn’t have any exclusive use of the spectrum. They further argued that spectrum sharing agreements do not assume a sharing of liabilities for DoT’s AGR dues.

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Metadata by TLF: Issue 16

Posted on August 7, 2020December 20, 2020 by Tech Law Forum @ NALSAR

Welcome to our fortnightly newsletter, where our reporters Kruttika Lokesh and Dhananjay Dhonchak put together handpicked stories from the world of tech law! You can find other issues here.

Union Consumer Affairs Minster issues E-Commerce Rules to shift the focus onto consumer protection

In an increasingly globalised world, major retail companies like Amazon have reached even the most inaccessible places. The consumers that are exposed to e-commerce companies can only be protected in the presence of increased accountability. The newly issued E-Commerce Rules set up a Central Consumer Protection Authority to police companies that violate consumer rights. Misleading ads and unfair trade practices are prevented as e-retailers have to mandatorily disclose return, refund, warranty, exchange, guarantee, delivery and grievance redressal details. Henceforth, prices of products cannot be manipulated to produce unreasonable profits for companies. These rules apply to retailers either registered in India or abroad.

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Examining the Pros and Cons of Cross Border Data Flows

Posted on July 31, 2020November 1, 2020 by Tech Law Forum @ NALSAR

[This post has been authored by Jalaj Jain of the Gujarat National Law University (GNLU), Gandhinagar.]

In the past decade, ‘consumer personal data’ has transformed from a mere tool of service to a ‘social currency’. Creation of regulatory barriers to determine the legal right of ownership and storage of data impacts consumer behaviour, stock markets and national elections. Indian authorities are struggling to introduce robust regulations, as they have failed to settle the debate regarding advantages and disadvantages of ‘cross border data flows’. On June 29th, 2020, Ministry of Electronics and Information Technology stated that under section 69A of the Information Technology Act, it had imposed a ban on 59 Chinese applications. Data security and privacy of millions of Indian citizens were cited as the main reasons for the questionable ban; contributing to the rising tensions between India and China. While such ban has both economic and security implications, the larger concern is to determine India’s stance on cross border data flows. 

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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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Metadata by TLF: Issue 13

Posted on July 1, 2020December 20, 2020 by Tech Law Forum @ NALSAR

Welcome to our fortnightly newsletter, where our reporters Kruttika Lokesh and Dhananjay Dhonchak put together handpicked stories from the world of tech law! You can find other issues here. [Ed Note: This newsletter has been prepared by Dhananjay Dhonchak and Sanchit Khandelwal]

Paytm approaches Delhi HC alleging lack of action by telecom companies against phishing

Paytm has knocked the doors of the Delhi High Court complaining that the telecom operators are not taking action against fraudsters carrying out phishing activities under Paytm’s name. The petitioner has claimed that its users are being duped using unsolicited commercial communications (UCC) in the form of SMS or voice calls made over telecom companies’ networks.

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Metadata by TLF: Issue 12

Posted on June 10, 2020December 20, 2020 by Tech Law Forum @ NALSAR

Welcome to our fortnightly newsletter, where our reporters Kruttika Lokesh and Dhananjay Dhonchak put together handpicked stories from the world of tech law! You can find other issues here.

Australian Court rules that media companies are liable for defamatory user comments

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Protection of Graphical User Interfaces in India: Copyright or Design?

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

[This post has been authored by Adhyasha Samal of the Hidayatullah National Law University, Raipur.]

Graphical User Interfaces (“GUIs”) refer to the visual elements of a user interface that facilitate interaction between the user and the system. GUIs are rapidly evolving and are applied in personal computers as well as phones, tablets, e-watches and other smart devices. Preceded by command-line interfaces which required users to enter a command in the text box to complete a function, GUIs came into existence when Xerox Corporation created the first personal computer, Alto, containing the first GUIin 1970. It was soon followed by Apple’s Macintosh and Microsoft’s MS Windows.

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