A majority of criminal investigations in the modern era necessitate law enforcement access to electronic evidence stored extra-territorially. The conventional methods of compelling the presentation of evidence available for investigative agencies often fail when the evidence is not present within the territorial boundaries of the state. The crux of the issue lies in the age […]
Category: Data Protection
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, […]
Contribution to ABLI Compendium on Regulation of Cross-Border Transfers of Personal Data in Asia
The Asian Business Law Institute, based in Singapore published a compendium on “Regulation of cross-border transfer of personal data in Asia”. This was part of an exercise to explore legal convergence around issues such as data protection, enforcement of foreign judgments and principle of restructuring in Asia. The compendium contains 14 detailed reports written by […]
Comments and Recommendations to the Indian Privacy Code, 2018
As India moves towards greater digitization, and technology becomes even more pervasive, there is a need to ensure the privacy of the individual as well as hold the private and public sector accountable for the use of personal data. Towards enabling public discourse and furthering the development a privacy framework for India, a group of […]
Unpacking Data Protection Law: A Visual Representation
This visual explainer unpacking data protection law was developed by me (research) and Pooja Saxena (design), and published as part of the Data Privacy Week celebrations on the Privacy International blog. Credits: Flag illustrations, when not created by the authors, are from Ibrandify / Freepik.
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. […]
India’s data protection regime must be built through an inclusive and truly co-regulatory approach
This article was originally published on The Wire. We must move India past its existing consultative processes for rule-making, which often prompts stakeholders to take adversarial and extremely one-sided positions. Earlier this week, the Ministry of Electronics and Information Technology released a white paper by a “committee of experts” appointed a few months back led […]
Rethinking national privacy principles: Evaluating principles for India’s proposed data protection law
This report was edited by Elonnai Hickok and Vipul Kharbanda, and originally published on the Centre for Internet & Society’s Internet Governance blog. This analysis intends to build on the substantial work done in the formulation of the National Privacy Principles by the Committee of Experts led by Justice AP Shah.1 This brief, hopes to […]
Not just Aadhaar, privacy verdict affects other issues too
The article was originally published on The Quint. On 24 August, a nine-judge bench of the Supreme Court unanimously held that a fundamental right to privacy exists under Article 21 and Part III of the Constitution of India. The ruling by the constitutional bench was with respect to a reference order made by a two […]
Social Media Monitoring in India
This report was originally published in the Internet Governance blog of the Centre for Internet and Society’s website. In 2014, the Government of India launched the much lauded and popular citizen outreach website called MyGov.in. A press release by the government announced that they had roped in global consulting firm PwC to assist in the […]
Amber Sinha 