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.
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.
Revaluating the Regulatory Approach Towards E-Wallets: The Need to Shift From Activity-Based to Entity-Based Regulation
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.
In this Article, the authors provide an overview of the current tensions in US-EU Data Transfer Security Schemes, the larger negative impact of such tensions and the way forward.
Privacy Post-Puttaswamy: The Need for State Intervention and its Implications on Individual Autonomy
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.
In this post, the author attempts to further the dialogue on the law governing dating apps by analysing the primary concerns raised with regard to dating-app usage and thereafter, looking at the legal provisions which supplement safety governance on dating apps.
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.
We are delighted to bring you all this special episode of TCLF One-On-One. We were honoured to host Ms. Upasana Dasgupta as our guest for this episode. Theme- Indian Space Policy, Space Tourism and the Outer Space Treaty The Possibility of an Indian Space legislation. The Legal Challenges of Space Tourism. Data Governance in Outer
In this article, the author highlights the lacunae in traditional public international law with respect to data governance in outer space. To solve this issue, the author suggests reliance on the concept of ‘transnational law’ and states that surveillance by nations and data transfer by private entities should be governed through both private and public legal mechanisms.
In Part II, authors explain the functioning of the app alongside elaborating on the privacy concerns. Lastly, the authors highlight instances of judicial intervention and argue for greater accountability and effective legal recourse for any data breach.