Category: Articles

Questions of Fact: India’s Aadhaar Matter and the Limits of the Supreme Court

In September 2018, the Supreme Court of India rendered its verdict in a landmark case with major implications for the Aadhaar biometric identification project as well as the application of right to privacy in India, but the Aadhaar Matter raises important questions about the shortcomings of the Supreme Court’s practice of judicial review. I had […]

The Srikrishna Committee Data Protection Bill and Artificial Intelligence in India

This article was authored by me and Elonnai Hickok. Artificial Intelligence in many ways is in direct conflict with traditional data protection principles and requirements including consent, purpose limitation, data minimization, retention and deletion, accountability, and transparency. Other related privacy concerns in the context of AI center around re-identification and de-anonymisation, discrimination, unfairness, inaccuracies, bias, […]

CIS Submission to the Committee of Experts on a Data Protection Framework for India

This submission presents comments by the Centre for Internet and Society, India (“CIS”) on the ‘White Paper of the Committee of Experts on a Data Protection Framework for India’ (“White Paper”) released by the Ministry of Electronics and Information Technology. The White paper was drafted by a Committee of Expert (“Committee”) constituted by the Ministry. […]

Counter comments on TRAI’s consultation paper on Privacy, Security and Ownership of Data in Telecom Sector

These comments were originally published on the Centre for Internet & Society’s Internet Governance blog. The Centre for Internet & Society (CIS) has commented on the Consultation Paper on Privacy, Security and Ownership of Data in Telecom Sector published by the Telecom Regulatory Authority of India on August 9, 2017. The submission is divided in […]

The Fundamental Right to Privacy: an analysis

This series of articles was originally published on the Centre for Internet and Society’s Internet Governance blog. Last​ ​month’s​ ​judgment​ ​by​ ​the​ ​nine​ ​judge​ ​referral​ ​bench​ ​was​ ​an​ ​emphatic endorsement​ ​of​ ​the​ ​the​ ​constitutional​ ​right​ ​to​ ​privacy.​ ​In​ ​the​ ​course​ ​of​ ​a​ ​547​ ​page judgment,​ ​the​ ​bench​ ​affirmed​ ​the​ ​fundamental​ ​nature​ ​of​ ​the​ ​right​ ​to​ […]

Right to be forgotten: a tale of two judgements

This article was originally published on the Centre for Internet & Society’s Internet Governance blog. In the last few months, there have been contrasting judgments from two Indian high courts, Karnataka and Gujarat, on matters relating to the right to be forgotten. The two high courts heard pleas on issues to do the right of […]

Analysis of key provisions of the Aadhaar Act regulations

This analysis was edited by Elonnai Hickok, and originally published on the Centre for Internet and Society’s Internet Governance blog. In exercise of their powers under of the powers conferred by Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016, (Aadhaar Act) the UIDAI has come out with a set of […]