To evaluate the role data plays, we need to understand if data in its modern avatar is more akin to being pey – a vampire-like evil spirit – or bhutham – a friendly ghost.
While Justice Kaul’s opinion identifies a ‘right to be forgotten’, India’s upcoming data protection framework needs to resolve a number of hurdles before we carve out such a right.
The court’s judgment implies that the state will have to be cautious of its activities even before it begins implementing them. Projects or initiatives that involve collection of personal data would have to take into account explicit limitations on how such information can be used.
The last 24 hours have been witness to a fundamental shift in the way our legal regime considers our routine actions. However, the battle has just begun.
A few hours after today’s judgment, Union minister for information technology Ravi Shankar Prasad noted, “Even a fundamental right to privacy has limitations.” We are yet to see what these limitations will be.
Decision on whether privacy can be considered a fundamental right is likely to come out by end of August.
The committee, headed by former Supreme Court judge B N Srikrishna, will also suggest a draft data protection bill.
Not only do difficult questions need to be answered and competing interests be weighed, but consequent policy also needs to be made to ensure a balanced state of affairs.
The Maharashtra government’s lawyer added that privacy wasn’t an exact concept, so couldn’t be treated as a fundamental right yet.
If the government wants to protect the data of individuals collected by private entities, why does it deny the same under the Aadhaar scheme?
The court cannot simply declare privacy to be a fundamental right. It needs to explore its contours, including implications for the right to free speech.
A centralised and inter-linked database like Aadhaar will lead to profiling and self-censorship, endangering freedom.
If the nine-judge bench decides that privacy is a fundamental right, the issue will be thrown back to the five-judge bench who will decide the contours of this right and consequently rule on the validity of Aadhaar.
The local police official, who asked not to be named, said a man named Imran Chhimpa had been detained early Tuesday evening in connection with the investigation
On Sunday evening, a website called “magicapk.com” surfaced that reportedly contained the personal data of millions of Reliance Jio users.
Law firm O’Melveny & Myers LLP was hired by the online taxi service after employees gave contradictory accounts of how Uber obtained the medical records of a women who was raped in Gurgaon in early 2015.
In the ten years since Google Street View launched, the platform has provided ample fodder for artists, who have used it to comment on surveillance, poverty and gentrification.
If the aggressive anti-rights stand of the government in the Aadhaar case triumphs, the march towards an authoritarian state will be swift.
So far, erratic and anecdotal research has informed the Aadhar debate. As a result, a number of concerns have remained insufficiently analysed.
The sad fact is that there are severe institutional capacity challenges within government departments that handle systems with sensitive data.
Focusing solely on getting rid of Aadhaar, or destroying it, is a waste of powder. The underlying issues of online privacy and civil liberties will still remain.
A British police intelligence unit allegedly relied on an Indian counterpart, who in turn used hackers to obtain the email ID passwords of environmental campaigners and journalists.
An unprotected, publicly accessible API endpoint leaks everything from phone numbers to home addresses.
If the government is serious about backing disruptive technologies and finding indigenous applications, it needs to start encouraging disruptive and indigenous policy-making too.
Proactive compliance and regulatory engagement will bring distinct advantages and not hamper the growth of financial technology platforms.
As we hurtle towards being an Aadhaar nation, it is imperative that a legal framework, to protect our cherished rights to security and life, is created.
Since 2007, Google has kept a massive database of web-browsing records separate from the personally identifiable information it has collected from Gmail and its other login accounts – until now.
The unmasking of the real author of the Neapolitan series was an act of vandalism.
The draft circular, if implemented in its current form, will stifle innovation, raise operational risks, and create substantial uncertainty.
ToI and HT are a part of the group of offenders when it comes to intrusive online ads. How will the ad-blocking wars play out in India?
Every time you read an article on The New York Times, your browsing history could be disseminated to as many as 44 third-party domains.
Is it morally right or legally permissible for a government to insist on the waiver of fundamental rights for accessing benefits?
The fight for privacy is not just about semantics but about protecting a basic right. It has been won after many battles and should not be surrendered so easily
Monitoring of movements, CCTVs, close vigilance by teachers, parental permission–UGCs new guidelines treat college students like children
New Delhi: The Centre today urged the Supreme Court that the pleas for scrapping of government’s ambitious project to grant Aadhaar cards to all citizens be referred to a constitutional bench as they relate to issues which require authoritative pronouncement. Rohatgi also reiterated the Centre’s stand that privacy is […]
ISPs are set to approach the Ministry of Communications and IT and seek definitions of pornography in general and child pornography in particular.
The right to privacy flows from a structural reading of the Fundamental Rights chapter, and has been established as an integral part of constitutional jurisprudence over the last 30 years.
In response to the piece ‘Modi Wants the DNA Profiling Bill Passed Right Away. Here’s Why It Shouldn’t Be‘, published July 24, 2015, Dr. J. Gowrishankar, Director of the Centre for DNA Fingerprinting and Diagnostics, wrote a spirited response describing the benign intentions behind the Bill and why […]
The Human DNA Profiling Bill which the Narendra Modi government wants to pass in the current session of Parliament is one of the most intrusive enactments of its kind anywhere in the world, a measure that will render obsolete the national debate on privacy before it has even […]
In a society in which data can be so easily made public, how can one trust the Digital Locker to be secure?