In the last few blogs, we discussed some fundamentals of privacy theory – spanning the historical origins of the ‘right to privacy’ in legal jurisprudence in the USA, to contemporary scholarship delving into the implications of data-driven and machine learning environments for our understandings of privacy. This week, we list out some critical scholarship on the theoretical foundations of privacy, and its relationship with regulatory practice in India (apart from the readings already listed).
Image only for representational purpose In this series of blogs, we have been exploring…
The Right to Privacy has firmly re-established itself in the constitutional lexicon, following the 9-judge decision in KS Puttaswamy v Union of India. The re-emergence of privacy as an area of constitutional interest has no doubt been informed by anxieties about technological developments – particularly digital communication and information technologies. The internet and related technologies have renewed concerns about how information flows can affect fundamental individual and societal interests – articulated as the ‘right to be let alone’, or the right to self-determination, among others. In the next few blogs, we will examine the theoretical constructs of a ‘right to privacy’, its relationship to the right under Indian law, and its implications for information regulation and governance going forward.
In September 2019, the Ministry of Information Technology, Government of India, formed a Committee of Experts (“Committee”) to deliberate on the issue of ‘Non-Personal Data’ and to suggest an appropriate regulatory framework for the subject. The Committee’s initial report, (“Draft Report”) was released for public comment on July 12, 2020. In the next few posts, we will summarise, reflect on and critically analyze the concepts presented in the Committee’s report. This post focuses on the concept of ‘non-personal data’ as a category for regulatory efforts under the Draft Report.
The Transgender (Protection of Rights) Act 2019 passed recently by the Parliament, precisely undoes the capacity of the trans subject to be a citizen by revoking their ability to consent. This post highlights some of the key issues in the Act and why the trans community does not support it.
CLPR has endorsed a set of international principles against unchecked surveillance. The 13 Principles set out for the first time an evaluative framework for assessing surveillance practices in the context of international human rights obligations.
The Central Monitoring System (CMS) project of India, which was designed to allow the government…