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 […]
Category: Privacy
Supreme Court sidesteps privacy definition trap, but eloquently explains why we still need it
This article was originally published on The Wire. While the judgement does not strictly defines the right to privacy or catalogue all of its parts, it has attempted to address the broad arguments that are used in justification of and in opposition to privacy. The judgment by the nine-judge bench of the Supreme Court was […]
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 […]
Infographic – The arguments in the Puttaswamy case
This article was originally published in The Wire. The infographic is designed by Pooja Saxena and the content is provided by me. Over the last month, a nine-judge constitutional bench of the Supreme Court has heard arguments on the existence of a fundamental right to privacy in India. Media coverage of judicial hearings in the […]
Should an inability to precisely define privacy render it untenable as a right?
This article was originally published on The Wire. The judges may still be able to articulate the manner in which limits for a right to privacy may be arrived at, without explicitly specifying them. Ludwig Wittgenstein wrote in his book, Philosophical Investigations, that things which we expect to be connected by one essential common feature, […]
Privacy is not a unidimensional concept
This article was originally published in The Economic Times. Right to privacy is important not only for our negotiations with the information age but also to counter the transgressions of a welfare state. A robust right to privacy is essential for all citizens in India to defend their individual autonomy in the face of invasive […]
Aadhaar case: beyond privacy, an issue of bodily integrity
This article was co-written with Aradhya Sethia, and originally published on The Quint. The insertion of Section 139AA in the Income Tax Act has been challenged and is being heard by a two-judge bench of the Supreme Court. The Finance Act, 2017, among its various sweeping changes, also inserted a new provision into the Section […]
Privacy in the age of big data
This article was originally published in The Asian Age. Personal data is freely accessible, shared and even sold, and those to whom this information belongs have little control over its flow. In 2011 it was estimated that the quantity of data produced globally surpassed 1.8 zettabyte. By 2013, it had increased to 4 zettabytes. This […]
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 […]
Privacy gaps in the Digital India project
This report was authored by Anisha Gupta and edited by me. It was originally published in the Internet Governance blog of the Centre for Internet and Society’s website. The Central and State governments in India have been increasingly taking steps to fulfill the goal of a ‘Digital India’ by undertaking e-governance schemes. Numerous schemes have […]
Amber Sinha 