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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 …

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 …

The 9 Bench judgement of the Supreme Court on “Privacy as a Fundamental Right” following the petition of Justice K.S.Puttaswamy and Others, runs into 547 pages of discussion which makes a great material for law colleges as teaching material on a number of earlier judgements. Some of the judgements such as  M P.Sharma, Kharak Singh, …

The Supreme Court judgement on Privacy delivered today by a 9 Judge bench, has categorically made a statement that “Right to Privacy is a Fundamental Right” under Article 21 of the constitution as part of the “Right to Life and Liberty”. The media is making a big noise as if some thing fundamental has changed …

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 …

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 …

The WannaCry ransomware seems to have targetted the health sector more, probably for the reason that most of the systems used in the industry were using unpatched or old windows systems and also their employees were not as well informed as those in IT industry as to the social engineering and phishing mail threats. Just …

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 …

GDPR is an extension of the earlier Data Protection regulation present in EU and hence the Privacy Principles included in GDPR as a “Right of the Data Subject” are not unfamiliar to the data processing community in India. However, in view of the huge penalties envisaged under the regulation, it is necessary for data processors …

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 …