Privacy Law Commons^™

Drug Clinical Trials Legislation In The European Union, Paola Sangiovanni, Flavio Monfrini, Marco Bertucci

Indian Journal of Law and Technology

The purpose of this article is to illustrate the basic tenets of European Union law on clinical trials. Such body of law has been progressively harmonized in the European Union over the years with the aim of subjecting interventional clinical trials conducted in any of the 27 European Union Member States to identical rules.

The article initially describes the reasons why clinical trials are important to measure the safety, efficacy and cost-effectiveness of innovative medical treatment. It then continues by illustrating the scope and basic principles of the current EU Regulation, as well as its main changes over the previous …

Protecting Privacy In India: The Roles Of Consent And Fairness In Data Protection, Mark J. Taylor, Jeannie Marie Paterson

Indian Journal of Law and Technology

The Indian Personal Data Protection Bill 2019 provides a unique approach to balancing the elements of individual consent and fairness-based limitations that are used in data protection regimes in other parts of the world. Drawing on the fundamental values and interests recognised in KS Puttaswamy v. Union of India (2017) and the report of the Committee of Experts, the Bill requires consent of the data subject to data processing, and puts in place standards that consent must meet to be more than a forced formality. Its novelty lies in also proposing substantive obligations of fair and reasonable data processing, and …

Sharing Of Children’S Health Data By Health Professionals And Parents – A Consideration Of Legal Duties, Dr. Carolyn Johnston

Indian Journal of Law and Technology

Children’s health data such as blood pressure, X-rays and written notes of medical examinations are produced in a clinical setting through health professionals’ interaction with their minor patients. Health care practitioners owe legal and professional obligations not to disclose such information without consent or other legally recognised authorisation. With the increasing advent of data generated by patients themselves from wearable devices such as continuous glucose monitors and health apps, the patient, or parents, have initial control of the data and decide who to share it with. Where wearable devices have been provided to parents by the child’s health care provider …

Conceptualizing An International Framework For Active Private Cyber Defence, Arindrajit Basu, Elonnai Hickok

Indian Journal of Law and Technology

Private sector cyber defence mechanisms are emerging despite existing legislation outlawing use of active defence by individuals and non-state entities. Thus, a key window exists for policy-makers in the possibility of establishing a framework for existing APCD practices that would enable optimal utilisation of private sector capabilities for securing cyber-space at an organizational and national level. This must happen in consonance with circumscribing their operations within the boundaries of the rule of law, both in terms of domestic legislation and international law. This paper seeks to unpack the complexities that underscore each of these challenges and identify avenues towards resolving …

Facing Up To The Risks Of Automated Facial-Recognition Technologies In Indian Law Enforcement, Ameen Jauhar

Indian Journal of Law and Technology

Within the larger discourse of risk mitigation of emerging technologies, the ever-expanding deployment of automated facial recognition technology (‘AFRT’) has garnered much skepticism. In India too, there has been a reported rise of states and law enforcement officials enthusiastically resorting to the use of AFRT.

The author will first delve into some of the controversial risks associated with AFRT, analysing them through the lens of Article 21 and the principle of due process under the Indian Constitution. The paper will then identify some of the regulatory solutions that are currently part of the discourse on minimising risks of AFRT and …

Meta V Bundeskartellamt: A Double-Edged Sword For Consumer Protection, Adrianus Van Heusden, Larisa Munteanu

International Journal on Consumer Law and Practice

Although consumers and data subjects do not always overlap in the European Union, the fields of data protection and consumer law are increasingly intertwined. Within this case note, one of the most impactful and recent decisions of the Court of Justice of the European Union will be analysed. Case C-252/21 will be examined through the lens of consumers using social networks in the digital age, additionally making references to the ‘take it or leave it’ and ‘cash for privacy exchange’ concepts identified by the doctrine in the field. Innovatively, this commentary will present a distinct and atypical opinion related to …

Datafication, Power, And Publics In India's National Digital Health Ecosystem, Ramya Chandrasekhar

Socio-Legal Review

While evident for a long time, the COVID-19 pandemic starkly illustrated the need to strengthen India’s public healthcare system. But since 2017, the solution to India’s public health woes takes the shape of the National Digital Health Ecosystem (‘NDHE’) – a digital system for the generation, use, and “frictionless” circulation of health data across healthcare actors through the use of artefacts such as health IDs, electronic health records, data standards, and federated computing architectures. These artefacts are not neutral technological systems. Rather, together with social practices, they constitute a “data infrastructure.” Seeing the NDHE as a data infrastructure allows us …

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 Present And Future Of Ai Usage In The Banking And Financial Decision-Making Processes Within The Developing Indian Economy, Dr. Shouvik Kumar Guha, Bash Savage-Mansary, Dr. Navyajyoti Samanta

Indian Journal of Law and Technology

In course of this paper, the authors have soght to examine the extent to which technology based on artificial intelligence (AI) have made inroads into the banking and financial sectors of a developing economy like India. The paper begins with providing a contextual background to the adoption of such technology in the global financial arena. It then proceeds to identify and categorise the forms of AI currently being used in the Indian financial sector and also considers the different channels of operation where such technology is in vogue. The advantages of using such technology and the future goals for integrating …