Privacy Matters — Analyzing the "Right to Privacy Bill" — The Centre for Internet and Society

Privacy India in partnership with International Development Research Centre, Canada, Indian Institute of Technology, Bombay, the Godrej Culture Lab, Tata Institute of Social Sciences, Mumbai and the Centre for Internet and Society, Bangalore is organising "Privacy Matters", a public conference at IIT, Bombay on 21 January 2012.

The conference will focus on the questions and dilemmas posed by privacy in India today, with a concentration on the "Right to Privacy Bill". The right to privacy in India has been a neglected area of study and engagement. Although sectoral legislation deals with privacy issues, India does not as yet have a horizontal legislation that deals comprehensively with privacy across all contexts. The absence of a minimum guarantee of privacy is felt most heavily by marginalized communities, including HIV patients, children, women, sexuality minorities, prisoners, etc. — people who most need to know that sensitive information is protected.

Privacy India was established in 2010 with the objective of raising awareness, sparking civil action and promoting democratic dialogue around privacy challenges and violations in India. One of our goals is to build consensus towards the promulgation of comprehensive privacy legislation in India through consultations with the public, legislators and the legal and academic community.

The event will focus on discussing the challenges and concerns to privacy in India. We invite you to attend the meeting and contribute your views. Please confirm your participation by getting in touch with Natasha ([email protected]). We sincerely hope that you will be able to attend and look forward to your participation.

Agenda

09:30- 10:00	Registration
10:00- 10:30	Welcome- Privacy in India Prashant Iyengar is a practicing lawyer and lead researcher for Privacy India. He will present who Privacy India is, and the objectives of Privacy India's research. His presentation will focus on discussing privacy in India.
10:30- 11:15	Key Note Address- Draft Privacy Bill Critique Na. Vijayashankar is an e-business consultant. He established the premier Cyber Law information portal in India. He is the founder secretary of Cyber Society of India, Founder Trustee of International Institue of Information Technology Law, and Founder Chairman of Digital Society Foundation. He will present a critique of the Draft Privacy Bill.
11:15- 11:30	Tea Break
11:30- 12:15	Session I Privacy and the Legal System Sudhir Krishnaswamy is an Assistant Professor at the National law School of India University and is currently writing a Doctoral Thesis at the Faculty of Law, Oxford University on ‘The Basic Structure Doctrine in Indian Constitutional Adjudication’. His presentation will look at the trajectory of privacy through the years from a legal perspective.
12:15- 13:00	Privacy and Constitutional Law N. Nappinai is an advocate who specializes in IP and technology laws. She is a founder member of Technology Law Forum (TLF). She has spearheaded and driven several initiatives of TLF with various organization including NASSCOM, FICCI, IMC etc., and has also conducted several workshops and training sessions for the Mumbai Police, Public Prosecutors & Industry verticals in Cyber Laws. Her presentation will define the scope of Article 21 under the Indian Constitution, which protects the right to privacy.
13:00- 13:15	Discussion
13:15- 14:00	Lunch Break
14:00- 14:45	Session II Privacy and Freedom of Expression Apar Gupta is an advocate who specializes in intellectual property, electronic commerce law and technology media and telecoms. He holds a master from Columbia Law School and has authored a Commentary on the Information Technology Act, 2000. His presentation will focus on the limits of a privacy right when it competes and conflicts with the freedom of speech and expression. He will examine certain provisions of the Draft Privacy Bill questioning how privacy arguments may be used to stifle debate or disclosure made in the public interest.
14:45- 15:30	Sexuality Minorities and Privacy Danish Sheikh graduated from Nalsar University of Law with a B.A., LL.B. (Hons.). Currently, he is a researcher at the Alternative Law Forum in Bangalore. He will examine the status of sexual minorities in the light of privacy framework in India. Culling out some real life examples based on various studies, media reports and judgments from the Supreme Court and the High Courts of Delhi and Allahabad, he will bring to light the privacy violations being committed by both individuals as we all state authorities.
15:30- 15:45	Discussion
15:45- 16:30	Session III Privacy and National Security Menaka Guruswamy practices law at the Supreme Court of India. She was a Rhodes Scholar at Oxford University, a Gammon Fellow at Harvard Law School, and a gold medalist from the National Law School of India and has law degrees from all three schools. Menaka has advised the United National Development Program and the United Nations Development Fund for Women. She will discuss the relationship between national security and privacy, from the perspective of surveillance by the state etc.
16:30- 17:15	Privacy and UID R. Ramkumar is a Professor at the Tata Institute of Social Sciences. He is advocate as well as a patent and trademark attorney. His presentation will focus on what standards of privacy are afforded within the UID system.
17:15- 17:30	Tea Break
17:30- 18:00	Discussion and Questions

	Organizers
	Privacy India Privacy India was established in 2010 with the objective of raising awareness, sparking civil action and promoting democratic dialogue around privacy challenges and violations in India. One of our goals is to build consensus towards the promulgation of comprehensive privacy legislation in India through consultations with the public, legislators and the legal and academic community.
	Privacy International (https://www.privacyinternational.org/) Privacy International’s mission is to defend the right to privacy across the world, and to fight surveillance and other intrusions into private life by governments and corporations. PI has been providing citizens and policy-makers with the tools and perspectives to enable them to hold to account those who threaten privacy since 1990. PI has active associates and networks in 46 countries.
	The International Development Research Centre (www.idrc.ca/) Canada’s International Development Research Centre (IDRC) is one of the world’s leading institutions in the generation and application of new knowledge to meet the challenges of international development. They help developing countries use science and technology to find practical, long-term solutions to the social, economic, and environmental problems they face.
	The Centre for Internet & Society (http://cis-india.org/) The Centre for Interenet & Society brings together a team of practitioners, theoreticians, researchers and artists to work on the emerging field of Internet and Society to critically engage with concerns of digital pluralism, public accountability and pedagogic practices, with particular emphasis on South-South dialogues and exchange.
	Partners
	The Godrej India Culture Lab (www.godrej.com) The Godrej India Culture Lab is an interdisciplinary space which aims to build knowledge networks and interpret the changes rapidly taking place in contemporary India by bringing together the best minds from global academia, business and the creative worlds working on different aspects of Indian society.
	IIT, Bombay (www.iitb.ac.in/) Established in 1958, IIT is recognised worldwide as a leader in the field of engineering education and research. It is reputed for the quality of its faculty and the outstanding calibre of students graduating from its undergraduate and postgraduate programmes. Over the years, there has been dynamic progress at IIT Bombay in all academic and research activities, and a parallel improvement in facilities and infrastructure, to keep it on par with the best institutions in the world.
	Tata Institute of Social Sciences (http://www.tiss.edu/) Tata Institute of Social Sciences (TISS) offers higher professional education in the field of human service and applied social science research. The institute has gone beyond the initial concern of social work education, since its inception in 1936, to consistently contribute to the promotion of sustainable, participatory development and social justice. Through its work, the Institute facilitates strong linkages between education, research, field action and policy advocacy.

Speakers

1. Apar Gupta

2. Danish Sheikh, Alternative Law Forum

3. NA Vijayashankar, E-Business Consultant, Founder Secretary of Cyber Society of India, Founder Trustee of International Institute of Information Technology Law, and Founder Chairman of Digital Society Foundation

4. N S Nappinai, Advocate and Founder Member of Technology Law Forum

5. Prashanth Iyengar, Assistant Professor & Assistant Director, Centre for Intellectual Property Rights Studies, Lead Researcher with Privacy India, Bangalore; Legal Aid Manager with Rural Development Institute, Hyderabad; Researcher & Lawyer with Alternative Law Forum

6. R. Ramkumar, Assistant Professor, School of Social Sciences, Tata Institute of Social Sciences

7. Shishir Jha, Project Lead at Creative Commons India and Associate Professor at Indian Institute of Technology, Bombay

8. Menaka Guruswamy, practices law at the Supreme Court of India.

9. Sudhir Krishnaswamy, is an Assistant Professor at the National law School of India University.