Apar GuptaThe Pegasus case frames CJI Ramana’s legacy: Great expectations only to be met with greater disappointment.
Archives for the category Analysis
The issues with maximum data and minimum privacy
Anniversaries, when meaningful, are not mechanical celebrations played out each year, but prompt deeper reflection. This month marks not only 75 years of Independence but also five years of the right to privacy judgment. On August 24, 2017, the Supreme Court reaffirmed privacy to be a fundamental right, linking it to each fundamental right under the Constitution. It prescribed tests that became legal qualifiers for ensuring an effective framework for state and corporate accountability to ensure the autonomy, liberty and dignity for all Indians.
Withdrawal of Personal Data Protection Bill: Who benefits from the delay?
On Wednesday, the Minister for the Ministry of Electronics and IT (MEITY), Ashwini Vaishnaw, withdrew the Personal Data Protection Bill, 2019. The reasons for the withdrawal were circulated in a note to MPs, which stated that, “considering the report of the JPC (Joint Parliamentary Committee), a comprehensive legal framework is being worked upon…”. The decision lays waste years of labour and deliberation on a law essential for the protection of every Indian in a digitised society. Hence, it is important for us to understand its implications by first taking into account why the Personal Data Protection Bill, 2019 was introduced in Parliament, and second, whether its withdrawal is justified.
Twitter’s legal challenge to Centre’s takedown orders flags issues of free speech
Twitter is a foreign, Silicon Valley platform that trades in data to sustain its commercial operations. Further, there are issues with its own transparency mechanisms in content moderation decisions. Twitter is a foreign, Silicon Valley platform that trades in data to sustain its commercial operations. Further, there are issues with its own transparency mechanisms in content moderation decisions.
Privacy depends on cybersecurity — why government must rethink the new rules
If you had to choose between privacy and security, which would you prefer? While the answer may lean towards security for many, imagine losing out on both. This is likely to be the fallout of directions issued by the Indian Computer Emergency Response Team (CERT-In) on April 28, 2022.
Privacy depends on cybersecurity — why government must rethink the new rules
Sedition: Hold the celebrations. We need repeal, not just relief
This week, the Supreme Court in a historic order provided a measure of relief for the offense of sedition. This colonial law which was used to prosecute freedom fighters like Bal Gangadhar Tilak has been used with increased frequency in recent years.
This is a criminal attack on privacy
Springing a surprise, the Union Minister of State for Home Affairs, Ajay Mishra Teni, on Monday introduced the Criminal Procedure (Identification) Bill 2022. The Bill was neither put up for pre-legislative consultation nor indicated in the session’s legislative agenda in Parliament. Seemingly technical, it is a legislative proposal that undermines the privacy of not only persons convicted of crime but also every ordinary Indian citizen as it proposes replacing a law that is over a 100 years old.
“The Internet is not breaking up … but it is under stress
About two decades ago, in a one page op-ed, Clyde Wayne wrote, “Warfare on the digital commons invites more regulation and adds to a deteriorating and antiquated Internet. Splintering, though it will be criticized as Balkanization, increases our options and wealth.” Though inadequately reasoned, “balkanisation” became a popular import in tech policy debates, with commentators voicing anxieties around censorship and surveillance. These fears have surfaced in policy debates over the Russian invasion of Ukraine. So, is the Internet really breaking up as a global network?
Why draft data accessibility policy is dangerous
The government may very soon start selling your data based on a proposed policy released by the Ministry of Electronics and Information Technology (MEITY), titled “Draft India Data Accessibility & Use Policy 2022”. The policy aims to “radically transform India’s ability to harness public sector data”. If passed, it would govern, “all data and information created/generated/collected/archived by the Government of India” as much as, “State Governments [who] will also be free to adopt the provisions of the policy”. The twin purpose to which this data will be put to will be government-to-government sharing and high value datasets for valuation and licensing. There are three clear reasons why this policy deserves a recall by the Union government.