Centre for Internet & Society

Revisiting Per Se vs Rule of Reason in Light of the Intel Conditional Rebate Case

by Shruthi Anand

Recent developments in the European Union (EU) regarding the antitrust case against Intel have brought back into focus two rules of competition law analysis- the per se rule and the rule of reason. In light of the decision by the Court of Justice of the European Union in the matter, this Note examines the application of the two rules to the case in detail. Additionally, it analyzes the statutory and judicial basis for the rules in the context of the EU and Indian competition law regimes, and concludes by identifying some areas in which these concepts would be relevant.

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The Fundamental Right to Privacy: An Analysis

by Amber Sinha

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.

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Rethinking National Privacy Principles: Evaluating Principles for India's Proposed Data Protection Law

by Amber Sinha

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.

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MediaNama - #NAMAprivacy: The Future of User Data (Delhi, Sep 6)

by Sumandro Chattapadhyay

MediaNama is hosting a full day conference on "the future of user data in India", on the 6th of September 2017, which is particularly significant given the recent Supreme Court ruling on the fundamental right to privacy, and two government consultations: one at the TRAI, and another at MEITY. This discussion is supported by Facebook, Google, and Microsoft. Sumandro Chattapadhyay, Research Director, will participate as a speaker in the session titled "regulating storage, sharing and transfer of data."

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CIS Statement on Right to Privacy Judgment

by Amber Sinha

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.

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Infographic: The Impending Right to Privacy Judgment

by Amber Sinha and Pooja Saxena

The ruling will be important not just for the immediate Aadhaar case but also numerous other matters to do with state intrusions, decisional autonomy and informational privacy.

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Here’s why we need a lot more discussion on India’s new DNA Profiling Bill

by Elonnai Hickok

The DNA Profiling Bill 2017 is still missing a number of safeguards that would enable individual rights. The implications of creating regional and national level DNA databanks need to be fully understood and publicly debated.

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Privacy is not a unidimensional concept

by Amber Sinha

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.

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High Level Comparison and Analysis of the Use and Regulation of DNA Based Technology Bill 2017

by Elonnai Hickok

This blog post seeks to provide a high level comparison of the 2017 and 2015 DNA Profiling Bill - calling out positive changes, remaining issues, and missing provisions.

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Should an Inability to Precisely Define Privacy Render It Untenable as a Right?

by Amber Sinha

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.

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