ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Designing an Effective Data Protection Regulator

The revised Personal Data Protection Bill, expected to be tabled in the current monsoon session of Parliament, is a significant move towards India’s first dedicated personal data protection legislation. One of the proposals is a data protection authority, a cross-sectoral regulator that will significantly influence the Indian regulatory landscape. Against the backdrop of these developments, the author seeks to draw out the appropriate regulatory design keeping in mind essential questions of India’s existing regulatory capacity, framework, and jurisprudence.

New IT Rules, 2021

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 are designed to further empower the state and allow the executive considerable powers to shape public discourses. On the one hand, the state now demands access to all information about the content and origins of every digital communication, a measure that will weaken the right to privacy. On the other hand, digital content is now subject to both self-regulation as well as extensive surveillance and regulation designed to allow substantial control by the executive over content.

Designing for Democracy: Does the Personal Data Protection Bill 2019 Champion Citizen Rights?

Though the Personal Data Protection Bill has been hailed as a success for citizen rights, an in-depth analysis of the same reveals evidence to the contrary.

Where Is All Our Health Data Going?

Multiple initiatives going on in India regarding the collection of digital personal health data are analysed, and the question of how the data is being used is examined. While such data could facilitate healthcare and referral services, a strong and sensitive governance structure is needed to be in place to enable its optimal use and to ensure that the data is not used to further the agendas of surveillance and control.

The Politics of India’s Data Protection Ecosystem

Through a string of publicly available submissions, press statements, and other media reports, the article tracks the political evolution of the data protection ecosystem in India, and how this has, and will continue to impact legislative and policy developments.

A Womb of One's Own: Privacy and Reproductive Rights

In the context of the privacy judgment (Justice K S Puttaswamy v Union of India 2012a), we examine two reproductive rights issues that have featured prominently in recent public discourse: abortion and surrogacy. In this piece, we outline how the privacy judgment provides a much-needed impetus to the legislature to resolve potential constitutional challenges to laws on these two issues.

Right to Privacy and RTI Act

Against the backdrop of Justice K S Puttaswamy (Retd) and Anr v Union of India and Ors in which the nine judges declared unanimously that the state cannot abuse its power to search, tap phones and knock the doors at midnight without any legally prescribed reasonable procedure and justification, this article argues that the state has to put machinery and authority in place to secure the right to privacy.

A Small Battle for FBI, a Gigantic War for Privacy Rights

An exploration of the evolving contours of the right to privacy by sketching the trajectory of the saga between Apple and the Federal Bureau of Investigation. By refusing to comply with the FBI's request to create a backdoor into the iPhone, Apple has taken a robust stance that could influence the actions of many other tech firms worldwide. While Apple's stand marks a victory for the privacy lobby, judicial intervention defining this right can facilitate its crystallisation and harmonious coexistence with other objectives such as national security.
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