Posts
Revisiting Per Se vs Rule of Reason in Light of the Intel Conditional Rebate Case
- October 04, 2017
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.
Read more →The Fundamental Right to Privacy: An Analysis
- September 27, 2017
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.
Read more →Rethinking National Privacy Principles: Evaluating Principles for India's Proposed Data Protection Law
- September 11, 2017
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.
Read more →CIS Statement on Right to Privacy Judgment
- August 28, 2017
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.
Read more →Aadhar: Privacy is not a unidimensional concept
- August 23, 2017
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.
Read more →Infographic: The Impending Right to Privacy Judgment
- August 22, 2017
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.
Read more →Here’s why we need a lot more discussion on India’s new DNA Profiling Bill
- August 21, 2017
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.
Read more →High Level Comparison and Analysis of the Use and Regulation of DNA Based Technology Bill 2017
- August 04, 2017
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.
Read more →Should an Inability to Precisely Define Privacy Render It Untenable as a Right?
- August 04, 2017
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.
Read more →Data Protection: Understanding the General Data Protection Regulation
- July 04, 2017
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.
Read more →