Search Results for: data protection

Metadata by TLF: Issue 1

Posted on by Tech Law Forum NALSAR

Welcome to our fortnightly newsletter, where our editors put together handpicked stories from the world of tech law! You can find other issues here.

SC Decides Not to Intervene in Delhi Govt.’s School CCTV Plan

On 6 July 2019, Delhi CM launched a mission to install CCTV cameras in all government schools in Delhi by November. The decision was challenged through a petition filed by an NLU student before the Supreme Court. In the latest development, the Supreme Court has refused to stay the Delhi govt’s plan to install CCTV cameras in school classrooms, which includes a plan to live stream the feed to parents of students. A Bench headed by Ranjan Gogoi did not entertain the plea that this move violated the right to privacy, despite the government making no moves to gain the approval of either the students or parents for the same. This decision is surprising given the recognition of the right to privacy as a fundamental right by a nine-judge bench of the Supreme Court in Justice KS Puttaswamy v. Union of India.

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Analysis of Different Risk-Based Approaches of Privacy for Data Categorisation

Posted on by Tech Law Forum @ NALSAR

[Ed Note: The following post is part of the TLF Editorial Board Test 2019-20. It has been authored by Gitika Lahiri, a third year student of NALSAR University of Law.]

The present Data Protection Bill introduced by the Ministry of Electronics and Information Technology aims to change the manner in which data is stored and processed in the India. In doing so, it regulates the personal data of data principals collected data fiduciaries and the government. The fiduciaries have a set of obligations that it must follow while processing data. These include the transparency and accountability measures under §31 state that data fiduciaries and processors must implement necessary safeguards including de-identification and encryption of data. However, the effectiveness of such a policy and its application in India is uncertain.

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

Posted on 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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CERT-In Directions on Cybersecurity, 2022: For the Better or Worse?

Posted on by Tech Law Forum NALSAR

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 Directions 2022 have sought to improve cyber-security by incorporating stringent provisions ranging from breach reporting to data retention for security purposes. Owing to its status as the national agency for the upkeep of cyber security, as per provisions of Section 70B of the IT Act, the CERT-In is also empowered to call for information and give directions to any service provider, intermediary, data centre, body corporate and Government organisation (“Entities”). However, while the Directions 2022 have received applause from many cyber security experts owing to the expedited and stringent measures for blocking and identifying cyber security threats, there have been criticisms on grounds of privacy infringement, over-regulation, etc. as well. In light of the same, this article tries to evaluate the criticisms and analyse if the Direction are ushering us into a solely optimistic cybersecurity and data regime.

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Policy Lessons for India from Europe’s Artificial Intelligence Act

Posted on by Tech Law Forum NALSAR

[Ed Note: The following post is part of the TLF Editorial Board Test 2021-22. It has been authored by Mehreen Mander, a fourth year student of NALSAR University of Law.]

Of late, the Government of India has been prioritizing the development, adoption and promotion of Artificial Intelligence. In 2018, substantial funding was allocated to the national program for artificial intelligence. Many Union Ministries are also making great leaps in the field of AI. In 2017, the Union Ministry of Commerce and Industry set up an AI Task Force which, in its report, hailed the potential of AI to be a solution to many socio-economic problems across ten identified sectors. Furthermore, the Union Ministry of Electronic and Information Technology set up four committees to prepare a roadmap for the National Artificial Intelligence Programme.

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Legal issues with Blockchain in Corporate Governance System of Indian Banks

Posted on by Tech Law Forum NALSAR

[This post has been authored by Harinie. S, a fourth-year law student at Symbiosis Law School, Hyderabad]

The recent onset of economic recession highlights the need to overhaul the governance system of the largest player of the economy- the banks. The failure of Lakshmi Vilas Bank and Yes Bank, and the downfall of Dhanalakxmi bank’s management are a result of a bad corporate governance system. The same has been acknowledged by the Reserve Bank of India (‘RBI’).

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