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Full-Text Articles in Law
Fintech Lending In India: Taking Stock Of Implications For Privacy And Autonomy, Vidushi Marda, Amber Sinha
Fintech Lending In India: Taking Stock Of Implications For Privacy And Autonomy, Vidushi Marda, Amber Sinha
Indian Journal of Law and Technology
In the last five years, the Fintech sector has thrived in India, with Machine Learning (ML) driven credit scoring based on alternative data, emerging as a growing segment. The credit scoring industry in India needs to be viewed in light of a careful examination of rights, inclusion, appropriate safeguards and discrimination, currently missing from the discourse and practices. In this paper, we explain how ML-based credit scoring works, and the regulatory and commercial factors that have enabled and impeded its growth in India. Through legal and technological analysis, richened by insights from qualitative interviews with entrepreneurs and practitioners, we provide …
The Central Monitoring System And Privacy: Analysing What We Know So Far, Jaideep Reddy
The Central Monitoring System And Privacy: Analysing What We Know So Far, Jaideep Reddy
Indian Journal of Law and Technology
State-run surveillance is as old as the ages, but the wired state of our lives has put it in the spotlight more now than perhaps ever before. Our communication and data can often be veritable repositories of all that we are, and many governments today have the technological means to give them relatively easy access to most of our private data. Civil society around the world has therefore naturally expressed concern over the increasing scope of State surveillance. The Central Monitoring System (hereafter, “CMS”) is a new technology for State surveillance in India, and is in the nascent stages of …
Ip Addresses And Expeditious Disclosure Of Identity In India, Prashant Iyengar
Ip Addresses And Expeditious Disclosure Of Identity In India, Prashant Iyengar
Indian Journal of Law and Technology
Concomitant with the proliferation of cybercrime in India has been the use of Internet Protocol (IP) addresses by law enforcement agencies to track down criminals. While useful in many situations, the potential for misuse of this information raises important concerns for the privacy of individuals online. This note reviews the statutory mechanisms regulating the retention and disclosure of IP addresses by internet companies in India. It identifies and analyses the four broad sources to which the regime of IP Address disclosure by Internet Service Providers (ISP) may be traced: under the (i) operating licenses issued under the Telegrah Act, 1885, …
Policy-Making, Technology And Privacy In India, Subhajit Basu
Policy-Making, Technology And Privacy In India, Subhajit Basu
Indian Journal of Law and Technology
There is a preconceived assumption that privacy laws in India are notoriously weak. This unquestioned assumption is based on a paradigm that does not take into consideration that the conception of privacy in India is influenced by its ‘culture of trust.’ Unfortunately, rather than looking into the specific societal, political and economic factors triggering the controversy, privacy researchers in the West have constantly varied the meaning and extent of the ‘right to privacy’ to bolster their argument. This article offers an explanation for why ‘umbrella’ data privacy legislation similar to the E.U. Data Protection Directive should not be enacted by …
Balancing Online Privacy In India, Apar Gupta
Balancing Online Privacy In India, Apar Gupta
Indian Journal of Law and Technology
There have been disturbing press reports and articles on the Information Technology (Amendment) Act, 2008. These accounts broadly wallow about the increase in the police powers of the state. They contend that the amendment grants legal sanction to online surveillance inexorably whittling down internet privacy. This article seeks to examine this prevalent notion. It discovers that legal provisions for online surveillance, monitoring and identification of data have been inserted in a narrow and defined class of circumstances governed by tenuous procedures. At first glance it may seem that these procedures and safeguards by themselves increase the right to privacy. However, …
Data Protection Efforts In India: Blind Leading The Blind?, Latha R Nair
Data Protection Efforts In India: Blind Leading The Blind?, Latha R Nair
Indian Journal of Law and Technology
This paper, after establishing the need for effective data protection in India, goes on to describe the rudimentary measures taken in the country till date in the sphere of data protection. While highlighting the inadequacy of such measures and the ambiguity in proposed amendments, the author seeks inspiration from European Union law in proposing a broad framework for data protection law in India.
Patenting Human Genes: Wherein Lies The Balance Between Private Rights And Public Access In India And The United States?, Elizabeth Siew-Kuan Ng
Patenting Human Genes: Wherein Lies The Balance Between Private Rights And Public Access In India And The United States?, Elizabeth Siew-Kuan Ng
Indian Journal of Law and Technology
This article examines the patentability of human genes by evaluating where the balance should lie between the protection of private rights and public access for the promotion of further innovation and public health. The author investigates this issue by providing a comparative study on the approaches adopted in India and the United States – two highly divergent nations that offer unique contrasts in a comparative analysis of their patent regimes. The outcome of the appraisal discerns a potential convergence in the Indian and US approaches on certain aspects of human gene patent-eligibility. This interesting result reveals that contrary to intuition, …
The Internet Of Citizens: A Lawyer’S View On Some Technological Developments In The United Kingdom And India*, Guido Noto La Diega
The Internet Of Citizens: A Lawyer’S View On Some Technological Developments In The United Kingdom And India*, Guido Noto La Diega
Indian Journal of Law and Technology
This article aspires to constitute a useful tool for both Asian and European readers as regards some of the state-of-the-art technologies revolving around the Internet of Things (‘IoT’) and their intersection with cloud computing (the Clouds of Things, ‘CoT’) in both the continents. The main emerging legal issues will be presented, with a focus on intellectual property, consumer protection, and privacy. The cases chosen are from India and the United Kingdom, two countries that are conspicuously active on this front. I will give an account only of (what I consider to be) the highlights of the IoT in India and …