blog

Privacy Theory 101: Profiling, Prediction, and Hildebrandt’s Theory of Privacy as Protection of the Incomputable Self

October 9, 2020

In this series of blogs, we have been exploring different conceptual and theoretical approaches to information privacy. In the last post, we explored an influential, historical argument by Warren and Brandeis in their paper on the ‘Right to Privacy’, written in a time when anxieties about photographic and print technologies were prevalent. In this post, we examine some of the anxieties and concerns that contemporary data science methods and technologies like machine learning pose to privacy, and theoretical responses to these anxieties in Mireille Hildebrandt’s 2019 paper, ‘Privacy as Protection of the Incomputable Self: From Agnostic to Agonistic Machine Learning’. (Theoretical Inquiries in Law, 20, 83 – 121)

litigation

Joseph Shine vs. Union of India

October 9, 2018

CLPR represented the intervenor Vimochana in the Supreme Court and challenged the constitutionality of the offence of adultery under Section 497 of the IPC. We argued against adultery as an offence by invoking the fundamental right to privacy and argued that the right to intimate association is a facet of privacy which is protected under the Constitution. The Supreme Court unanimously struck down Section 497 of the Indian Penal Code as being violative of Articles 14. 15 & 21 of the Constitution.

blog

Podcast on Whatsapp – Privacy Case (Karmanya Singh Sareen v. UOI)

September 7, 2017

The Petitioners, Karmanya Singh and Shreya Sethi, two Whatsapp Users, claim that the new policy seeks to collect all information relating to every WhatsApp account, such as phone numbers, names, messages, device information, as well as third party information, which would be used to support operations, analyse user profiles and actions, and market their services. The new Privacy Policy claims worldwide Intellectual Property Rights to user generated data including uploads, messages etc. which are sent, stored or received through WhatsApp.