1. Introduction The General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) came into force on 25 May 2018 as an umbrella regulation to safeguard data and privacy in the European Union (“EU”) and European Economic Area. Closer home, in Justice K.S. Puttaswamy (Retd.) & Anr v Union of India & Ors[1] (“Privacy Judgment”), a nine judgeRead more
Blog
In a judgement[1] (“Ritesh Sinha Judgement”), a three judge bench of the Supreme Court of India observed that the fundamental right to privacy is not absolute and is limited by certain factors instead. The issue raised before the bench was whether a person can be compelled to submit his/her voice samples for the purposes ofRead more
The Dialogue organized a roundtable in New Delhi on 5th August, 2019, to discuss the way forward for a progressive data protection law that is rights-based and implements the Supreme Court’s principles on privacy. This note summarizes the discussions from this roundtable, which was conducted under the Chatham House Rule. Session 1: Gaps inRead more
This post is the first in a series of three posts analysing the information technology (“IT”) ecosystem of Bangladesh, Sri Lanka, and Nepal. Introduction With over 4 billion people online[1], the internet has reshaped how we do business, communicate and conduct governance[2]. As the digital economy evolves, digital security has taken on a distinctRead more
Overview Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) will form the next Union government in India. In election results announced on 23 May 2019, the BJP and its allies, which together constitute the National Democratic Alliance (NDA), secured 353 out of 542 seats in the Lok Sabha (Lower House of Parliament; also called theRead more
The National Health Policy, 2017[1] (“Policy”) envisaged the creation of a digital health technology ecosystem, aiming to leverage the potential of digital health data. The advantages of such digitalization and the potential of technology can hardly be overlooked, yet the proposals in this policy essentially involve large-scale creation, collection and sharing of health data. AnRead more
Context: In response to the Ministry of Electronics and Information Technology’s (“MeITY”) call for comments on the Personal Data Protection Bill, 2018 (“Bill”), Ikigai Law and Inc42 submitted a consolidated set of comments reflecting the views of certain startups on the proposed law. These comments were published in connection with ‘The Dialogue’[1] – a roundtableRead more
The draft Personal Data Protection Bill, 2018 (“Bill”) raises many concerns for businesses – start-ups and established companies alike. Companies will be required to revamp several of their operational practices once the Bill becomes an enforceable law. This post provides an overview of some of the practical concerns raised by the Bill to give aRead more
This note maps the position of all the stakeholders in relation to the Recommendations on Privacy, Security, and Ownership of the Data in the Telecom Sector (“Recommendations”) published by the Telecom Regulatory Authority of India (“TRAI”) on 16th July, 2018. In order to address key data protection and privacy issues, the TRAI framed twelve (12)Read more
An edited version of this piece by Nehaa Chaudhari was first published by Inc42 and is available here. About ten days ago, the Ministry of Electronics and Information Technology (MEITY) appointed Committee of Experts chaired by Justice Srikrishna (Srikrishna Committee) released its final recommendations on what India’s data protection framework should look like. It alsoRead more