The West vs. the East: Data Privacy and the Different Approaches to COVID-19 Apps (Part II – Netherlands and Comparative Analysis)

Posted on April 1, 2021 Authored by Sahel Bahman* Further to part one of our article on the impact of data protection laws on public health applications for COVID-19, this article aims to examine the development of COVID-19 apps in the West (i.e., the Netherlands, in this case) in the context of relevant privacy laws […]

The West vs. the East: Data Privacy and the Different Approaches to COVID-19 Apps (Part I – South Korea)

Posted on March 25, 2021 Authored by Sahel Bahman* Introduction The ongoing SARS-CoV-2 pandemic, and its spread between and within countries, has revealed a potential for the use of modern privacy laws in public health policy. For countries and health systems alike, the most effective way to understand the severity and prevalence of COVID-19 would […]

Examining the Intermediary and Digital Media Rules 2021: Intermediaries and Social Media (Part I)

Posted on March 2, 2021 Authored by Eishan Mehta* On February 25th, 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (“IT Rules, 2021”) were notified by the Ministry of Electronics and Information Technology (“MeitY”). The IT Rules, 2021 have been framed by the Government in exercise of the powers conferred […]

Facial Recognition Technology & Data Protection: Analysis of the Council of Europe’s New Guidelines

Posted on February 18, 2021 Authored by Melita Tessy* Introduction On 28 January 2021, the Council of Europe published the Guidelines for Facial Recognition (“Guidelines”) in consultation with the ‘Consultative Committee Of The Convention For The Protection Of Individuals With Regard To Automatic Processing Of Personal Data’ (“Consultative Committee”). These Guidelines were issued further to […]

Data Localization Versus Free Flow of Cross Border Data Transfers in India

Posted on January 7, 2021 Co-authored by Tanya Varshney and Varun Anand* Introduction In simple terms, ‘data localization’ means storage of data within the local limits of the jurisdiction of the data subject. With the challenges posed by the COVID-19 pandemic, people are using online services across the world and connecting with others in many […]

Schrems II Decision: Case of Pot Calling the Kettle Black?

Posted on September 2, 2020 Authored by Nikita Das* The recent decision of the Court of Justice of the European Union (“CJEU”) invalidating the European Union-United States ‘Privacy Shield’ mechanism and contouring the applicability of the Standard Contractual Clauses in the Max Schrems Case[1] is certainly hinting towards the dawning of a geopolitical phenomenon across […]

Is India Equipped to Defend Privacy in the Era of Artificial Intelligence?

Posted on July 28, 2020 Authored by Aarya Pachisia Introduction: Need for Protection of Privacy Privacy violations have become inevitable in the age of Artificial Intelligence (“AI”). Cambridge Analytica is a classic example of how non-personal data of citizens can be used to predict sensitive personal information about them, with the use of one single […]

“I AGREE”: Analysis of Click-Wrap Agreements on Social Media Platforms

Posted on July 23, 2020 Authored by Manika Dayal The evident and rapid popularization of social media platforms all over the world arguably functions under the pretext of simplicity. A simple means of connecting communities, cultures, people, traditions, trends and ideologies. In theory the intent behind social media platforms seems almost too idealistic to accomplish. […]