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File The​ ​Fundamental​ ​Right​ ​to​ ​Privacy:​ ​Part​ ​III SCOPE
by Amber Sinha published Oct 02, 2017 — filed under: ,
This is the third paper in a series on the recent judgment on the right to privacy by the nine judge constitution bench of the Supreme Court in a reference matter in Puttaswamy and others v. Union of India. The first two papers on the Sources and Structure of the constitutional right to privacy are available here, and here, respectively. While the previous papers dealt with the sources in the Constitution and the interpretive tools used by the bench to locate the right to privacy as a constitutional right, as well as the structure of the right with its various dimensions, this paper will look at the judgment for guidance on principles to determine what the scope of the right of privacy may be.
Located in Internet Governance
Blog Entry The Fundamental Right to Privacy: An Analysis
by Amber Sinha published Sep 27, 2017 last modified Oct 04, 2017 11:19 AM — filed under: , , ,
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​ ​privacy reading​ ​it​ ​into​ ​the​ ​values​ ​of​ ​dignity​ ​and​ ​liberty.​ In the course of a few short papers, we will dissect the various aspects of the right to privacy as put forth by the nine judge constitutional bench in the Puttaswamy matter. The papers will focus on the sources, structure, scope, breadth, and future of privacy. Here are the first three papers, authored by Amber Sinha and edited by Elonnai Hickok.
Located in Internet Governance / Blog
Blog Entry Rethinking National Privacy Principles: Evaluating Principles for India's Proposed Data Protection Law
by Amber Sinha published Sep 11, 2017 — filed under: ,
This report is intended to be the first part in a series of white papers that CIS will publish which seeks to contribute to the discussions around the enactment of a privacy legislation in India. In subsequent pieces we will focus on subjects such as regulatory framework to implement, supervise and enforce privacy principles, and principles to regulate surveillance in India under a privacy law.
Located in Internet Governance / Blog
Blog Entry CIS Statement on Right to Privacy Judgment
by Amber Sinha published Aug 28, 2017 last modified Aug 31, 2017 06:13 PM — filed under: , ,
In an emphatic endorsement of the right to privacy, a nine judge constitutional bench unanimously upheld a fundamental right to privacy. The events leading to this bench began during the hearings in the ongoing Aadhaar case, when in August 2015, Mukul Rohatgi, the then Attorney General stated that there is no constitutionally guaranteed right to privacy.
Located in Internet Governance / Blog
Blog Entry Aadhar: Privacy is not a unidimensional concept
by Amber Sinha published Jul 23, 2017 last modified Aug 23, 2017 01:50 AM — filed under: , ,
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 Indian citizens to defend their individual autonomy in the face of invasive state actions purportedly for the public good.
Located in Internet Governance / Blog
Blog Entry Privacy is not a unidimensional concept
by Amber Sinha published Aug 07, 2017 — filed under: , , ,
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 state actions purportedly for the public good. The ruling of this nine-judge bench will have far-reaching impact on the extent and scope of rights available to us all.
Located in Internet Governance
Blog Entry Should an Inability to Precisely Define Privacy Render It Untenable as a Right?
by Amber Sinha published Aug 04, 2017 — filed under: ,
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.
Located in Internet Governance / Blog
Blog Entry Comments on the Right to Information Rules, 2017
by Amber Sinha published Apr 27, 2017 — filed under: , ,
On March 31st, 2017, the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training released a Circular framing rules under the Right to Information Act, 2005 (“RTI Rules”). The Ministry invited comments on on the RTI Rules. CIS submitted its comments on April 25, 2017.
Located in Openness / Blog
Blog Entry Privacy in the Age of Big Data
by Amber Sinha published Apr 11, 2017 — filed under: , , ,
Personal data is freely accessible, shared and even sold, and those to whom this information belongs have little control over its flow.
Located in Internet Governance / Blog
Blog Entry Right to be Forgotten: A Tale of Two Judgements
by Amber Sinha published Apr 07, 2017 — filed under: , ,
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 individuals to have either personal information redacted from the text of judgments available online or removal of such judgment from publically available sources.
Located in Internet Governance / Blog