In July 2018, a committee of experts headed by Justice BN Srikrishna submitted its draft Personal Data Protection Bill1 to the Government of India. As the bill makes its way through the government, and potentially the parliament, several questions have been raised about the enforcement of the principles laid out in it as well as […]
Category: Privacy
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, […]
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 […]
The Fundamental Right to Privacy: A Visual Explainer
This visual guide to the story of privacy law in India and the recent judgement of the Puttaswamy v. Union of India case is developed by me (research and content) and Pooja Saxena (design and conceptualisation). The file can be downloaded here.
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. […]
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 […]
Amber Sinha 