Centre for Internet & Society

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

Posted by Shruthi Anand at Oct 04, 2017 01:10 PM |

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

Posted by Amber Sinha at Sep 27, 2017 01:50 PM |

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

Posted by Amber Sinha at Sep 11, 2017 02:22 AM |

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)

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

Posted by Amber Sinha at Aug 28, 2017 02:25 PM |

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

Posted by Amber Sinha and Pooja Saxena at Aug 22, 2017 11:50 PM |

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

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

Posted by Elonnai Hickok at Aug 21, 2017 11:48 PM |

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

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

Posted by Elonnai Hickok at Aug 04, 2017 02:25 AM |

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?

Posted by Amber Sinha at Aug 04, 2017 01:49 AM |

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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Aadhar: Privacy is not a unidimensional concept

Posted by Amber Sinha at Jul 23, 2017 01:50 AM |

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.

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Data Protection: Understanding the General Data Protection Regulation

Posted by Aditi Chaturvedi at Jul 04, 2017 04:12 PM |

As recently as May 27, 2016, the General Data Protection Regulation (REGULATION (EU) 2016/679) (hereinafter referred to as GDPR) was adopted. The Data Protection Directive (1995/46/EC) (hereinafter referred to as DPD) will be replaced by this Regulation.

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Cybersecurity Compilation: Indian Context

Posted by Leilah Elmokadem and edited by Elonnai Hickok at Jun 18, 2017 01:16 PM |

This document intends to serve as a comprehensive source compiling all the cyber-security related regulations, policies, guidelines, notifications, executive orders, court rulings, etc.

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Comments from the Centre for Internet and Society on Renewal of .NET Registry Agreement

Posted by Vidushi Marda at May 31, 2017 09:00 PM |
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The Centre for Internet and Society (CIS) is grateful for the opportunity to comment on the proposed renewal of the .NET Registry Agreement.

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Aadhaar Case: Beyond Privacy, An Issue of Bodily Integrity

Posted by Amber Sinha and Aradhya Sethia at May 03, 2017 04:02 PM |

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.

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Comments on the Statistical Disclosure Control Report

This submission presents comments by the Centre for Internet and Society, India (“CIS”) on the ​Statistical Disclosure Control Report published on March 30th by Ministry of Statistics and Programme Implementation.

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(Updated) Information Security Practices of Aadhaar (or lack thereof): A documentation of public availability of Aadhaar Numbers with sensitive personal financial information

Since its inception in 2009, the Aadhaar project has been shrouded in controversy due to various questions raised about privacy, technological issues, welfare exclusion, and security concerns. In this study, we document numerous instances of publicly available Aadhaar Numbers along with other personally identifiable information (PII) of individuals on government websites. This report highlights four government projects run by various government departments that have made sensitive personal financial information and Aadhaar numbers public on the project websites.

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Internet Shutdowns in 2016

Posted by Japreet Grewal at Apr 27, 2017 03:55 PM |
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An internet shutdown is an intentional disruption of internet or electronic communications, rendering them inaccessible or effectively unusable, for a specific population or within a location, often to exert control over the flow of information.

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Regulating Bitcoin in India

The article discusses the possible contours of future bitcoin regulation in India. Bitcoin, often considered a ‘notorious’ virtual currency limited only to techies or speculators, is currently fighting a battle to become a bona fide mainstream means of exchange.

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Brainstorming Session on the Global Conference on Cyberspace (GCCS 2017)

Posted by Japreet Grewal at Apr 14, 2017 04:43 PM |
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I attended a brainstorming session on the Global Conference on Cyber Space 2017 on April 12, 2017 at Electronics Niketan that was organised by the Ministry of Electronics & Information Technology. The Global Conference on Cyber Space was first held in London in 2011. Thereafter, it was held in Budapest (2012), Seoul (2013) and the Hague (2015).

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