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This post explores if Generative AI tools such as ChatGPT can collect our data from the Internet without our consent on the ground that the data is in the public domain. It also explores if ChatGPT’s recent ban in Italy over data protection norms has any lessons for India. This post was first published onRead more

A detailed clause-wise analysis of the Parliamentary committee’s report on India’s data protection law. On 16 December 2021, the Joint Parliamentary Committee on the Personal Data Protection Bill, 2019 tabled its report in Parliament. The committee recommends expanding the Bill’s scope to include non-personal data, imposing greater restrictions on cross-border data flows, removing the tradeRead more

In January 2021, the Ministry of Electronics and Information Technology released a draft National Strategy on Blockchain. The draft strategy identifies the potential for adoption of blockchain in India and envisages creation of a ‘National Level Blockchain Framework’. This blogpost highlights a representation submitted by Ikigai Law as a response to the draft strategy. InRead more

This piece explores the impact of India’s upcoming data protection law on payments businesses, with a focus on cross-selling and physical location of data storage. With India’s upcoming data protection on the horizon, businesses must take a close look at their existing data use practices. The Personal Data Protection Bill 2019 (PDPB) calls for structural, organisationalRead more

This blogpost summarizes some of the key reports that have been released by the Standing Committee on Information Technology since its inception. Since its inception, the Standing Committee on Information Technology (“SCIT”) has released 305 reports. Out of these, 55 reports were on different subjects and 14 reports were on different Bills referred to theRead more

I. Introduction The APAC region has been at the vanguard of digitisation, digital innovation, and digital governance.[1] However, differences in legal regimes in the region have meant that any regional or global privacy initiatives such as the APEC Privacy Framework,[2] APEC Cross Border Privacy Rules System (CBPR),[3] or the Osaka Declaration of Digital Economy[4] doRead more

A comprehensive data protection regime with a robust institutional framework is not only imperative for protection of fundamental rights but also gives the necessary stimulus to the digital economy. In our second blog we had highlighted the significant provisions of the proposed data protection and cyber security laws in Sri Lanka, Bangladesh, and Nepal. InRead more

Introduction South Africa has witnessed numerous, significant data breaches.[1] A notable instance was when the servers of one of South Africa’s best known real estate companies was breached and the personal data of 31.6 million persons, including that of the President and the Finance Minister, was put at risk.[2] The information included ID numbers, age,Read more

Introduction Kenya enacted the Data Protection Act, 2019 (hereinafter, the “Act”) in November 2019.[1] It is a comprehensive statute that governs the collection, processing and storage of personal data by government and private actors. It establishes an ecosystem of rights and obligations that operationalises the right to privacy enshrined in the Kenyan Constitution. The immediateRead more

I. Introduction In the previous post, we examined the data governance framework in Indonesia, one of the few countries in the APAC region that has not signed the Osaka Declaration. In this post, we examine the data governance framework of Malaysia, the only country in our blog series, which was not a part of theRead more