TRAI Consultation Paper for Privacy Protection in Telecom sector

TRAI has released a consultation paper on Privacy for comments from Stake holders. A Copy of the Consultation paper is available here:  Comments from stake holders have been invited by 8th September 2017 and counter comments can be submitted by 22nd September 2017. Comments and counter comments can be sent by e-mail to arvind@trai.gov.in or …

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“Ad blocking” should be considered as a “Privacy Protection Right”

India is presently in the process of re-writing some of the Cyber laws regarding a) Privacy… through the Supreme Court’s view on whether Privacy is a Fundamental Right? b) Data Protection Act under drafting c) Health Data Privacy Act under drafting d) TRAI draft guideline on Privacy under discussion e) Information Technology Act We can …

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Under GDPR, Indian Data Processors Should not Agree to Standard Contractual Clauses which are ultra vires the FEMA

The globalization of Indian IT business has created many challenges to the Indian economy as a whole and in particular to certain domain specific regulators. One such regulator who finds himself frequently under a bind is RBI while regulating the Foreign Exchange transactions. Over the years the strict regulations under FEMA have been diluted and …

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Principles of Transfer under GDPR- BCR

As we have seen earlier, GDPR provides for certain flexibility to allow transfer of data to countries which donot fall under the “Adequacy” provision through measures such as Appropriate Safeguards and contractual commitments. Additionally the Competent Supervisory authority of a Member Country can approve “Binding Corporate Rules” (BCR) as a mechanism to permit transfer of …

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Does GDPR impose a conflict with Indian Jurisdiction?

Privacy protection regime has been aggressively pursued by EU for a long time.  GDPR is an extension of this aggression where the penalties proposed are threatening. Hence though the principles of privacy protection envisaged under GDPR is commendable, there is discomfort on the attempt to impose extraordinary penalties. The global community is worried that the …

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