Data Protection

Deepfake Rules Mark a Thoughtful Turn

/ Blog, data protection, Featured Posts, Information Technology Act, Technology Law /

Introduction India is facing a surge in AI-generated content (including deepfakes), causing reputational abuse, financial fraud, and electoral/ political misinformation. To counter this, the Ministry of Electronics & IT (“Meity”) released the draft amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics) Rules, 2021 (“IT Rules, 2021”), which propose a due diligence mechanism […]

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Interpreting “In Relation To”: Towards a Functional Test for Personal Data under India’s DPDP Act

/ Featured Posts, Blog, data protection /

Introduction The Digital Personal Data Protection Act, 2023 (“DPDP Act”) is India’s first dedicated data privacy law. The Act applies only to digital personal data, leaving out other categories of data from its ambit. However, even in this limited category, the meaning of personal data is not entirely clear. Section 2(t) of the act defines

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India’s Draft Data Protection Rules 2025: An analytical primer of what lies ahead in the Indian Privacy Paradigm: Part II

/ Privacy, Blog, data protection, digital, Editorial Board Post, Featured Posts /

Introduction  The introduction of the Draft Data Protection Rules 2025 (“Draft Rules”) under the Digital Personal Data Protection Act, 2023 (“DPDPA”) marks a significant step in India’s data protection journey. In the previous part of the article, we looked at the provisions and rules related to the protection of Children’s Data, intimation of personal data

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THE NEW PRIVACY REGIME FOR STARTUPS A DREAMY VISION OR A WAKE up call

The New Privacy Regime For Startups: A Dreamy Vision or a Wake-up Call?

/ data protection, Blog, Featured Posts, Privacy /

In this post, the Author aims to delve into a complete analysis of what changes have been introduced (in the form of duties of Data Fiduciaries) that will cause corporate data processors to up their game, with a special focus on the position of Startups in the status quo, and the exemptions with respect to the desirability of the same vis-à-vis rights of citizens under the Privacy Law.

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Digital Personal Data Protection Bill, 2023: An incomplete development

/ Technology Law, Featured Posts /

In this post, the author critically examines India’s Digital Personal Data Protection Bill 2023, released for public consultation in August. Comparing it with the 2022 version, the article highlights strengths and weaknesses. It discusses processing personal data, data localization, the Alternative Dispute Resolution process, and the Data Protection Board’s powers. While aiming to balance individual data rights and processing needs, the bill lacks clarity on differentiating sensitive data, definitions for pseudonymization and anonymization, and precise data transfer criteria. Concerns about Data Protection Board power concentration and hefty fines for smaller businesses are raised. The author emphasizes refining definitions, enhancing data localization, ensuring board independence, and proportional fines for a robust digital economy and individual privacy protection.

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Revaluating the Regulatory Approach Towards E-Wallets: The Need to Shift From Activity-Based to Entity-Based Regulation

/ Featured Posts, Blog, data protection, Fintech /

In this post, the author seeks to highlight the need for a shift in regulatory approach for the e-wallet market and analyses the shortcomings of the current data protection network. In doing so the author proposes a change by adopting an entity-based regulatory model instead of an activity-based regulatory model and showcases how that will benefit the fintech sector.

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Privacy Post-Puttaswamy

Privacy Post-Puttaswamy: The Need for State Intervention and its Implications on Individual Autonomy

/ data protection, Blog, Featured Posts /

In this post, the author talks about the need to positively enforce the right to privacy, post the Puttaswamy judgment. In doing so, the author also argues for increased state intervention (via a data protection law) for the protection of privacy on the internet.

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Right to be Forgotten

Right To Be Forgotten- A Must For Digital Age in India

/ Constitutional Law, Blog, digital, Featured Posts, Privacy, Right to be forgotten /

In our latest post, the authors analyze the scope of the “Right to be Forgotten” in India after the K.S. Puttaswamy Judgment and its potential conflict with the freedom of expression. In doing so, they also aim to highlight certain methods to effectively enforce the right in India.

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