Author: naavi108

Compliance by Design needs to be mandated by Data Protection Act

[P.S: This is in continuation of the discussion of the proposed Data Protection Act in India and the public comments invited for the  Justice Srikrishna report.] “Privacy by Design” is a concept which GDPR expects from Data Controllers and Data Processors.  The concept of Privacy by design basically means that measures for Privacy protection should be initiated …

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The Right to Forget ..should it be part of Indian Privacy Protection Act?

[P.S: This is in continuation of the discussion of the proposed Data Protection Act in India and the public comments invited for the  Justice Srikrishna report.] The EU law on Privacy under GDPR recognizes the “Right to Forget” which essentially means that the data subject can demand that his personal information should be erased from the …

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Data Protection Act should recognize the role of a Data Manager in addition to the Data Controller and Processor

[P.S: This is in continuation of the discussion of the proposed Data Protection Act in India and the public comments invited for the  Justice Srikrishna report.] Many of the issues connected with Privacy arise out of the complaint that “information collected by a Data Controller” is processed in such a manner that the data subject feels …

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Data Protection Law should provide a Jurisdictional umbrella

[P.S: This is in continuation of the discussion of the proposed Data Protection Act in India and the public comments invited for the  Justice Srikrishna report.] The Justice Srikrishna Committee (SKC) has propounded 7 key principles of the Data Protection Act and proceeded to provide several questions in its report seeking public comments. The Seven key …

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Impact of Supreme Court’s Order on Right to Privacy on Cyber Space and Data Protection

A Round table was held at National Law School of India, Bangalore, the premier law education institute in the country on assessing the impact of the Supreme Court order on Right to Privacy on Cyber Space and Data Protection. Dr Professor Nagaratna, Dr Professor Subbarao, from NLSUI led the discussions and several other invited guests …

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Privacy…is a “Fundamental Right” but we donot know what constitutes “Privacy”!

While the nine eminent judges went about their mission to declare “Privacy As a Fundamental Right”, they also encountered the problem defining what is “Privacy”. The challenge of defining Privacy Rights without a definition of Privacy has confronted law makers as well as law followers which has not been appreciated much in the past. Now …

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Does Written Text of the Constitution not have any sanctity?

The alacrity with which the honourable Supreme Court constituted a 9 member bench to review “Whether Privacy is a Fundamental Right” and the release of the voluminous judgement before the retirement of Chief Justice Mr Kehar indicates that the CJI wanted a “Historic” judgement to go on record. The Court has succeeded in this objective …

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The Privacy Judgement… Conclusion.. Need for Definition of Privacy

The Puttaswamy judgement from the 9 member bench of the Supreme Court which was hailed as a “Historic” judgement ended up with a simple declaration that “Right to Privacy is a Fundamental Right under the Indian Constitution which is subject to the reasonable restrictions applicable to all such rights”. Let us now look at how …

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Concatenating the individual Conclusions of the Privacy Judgement

In continuation of our previous article on the “Hashing of the Privacy Judgement” we can now look at the six pieces of individual judgement and the end notes in each of these judgement s that can be considered as “Judgmental Conclusions not forming part of the final order”. This is the second level of the 547 page …

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