Privacy / Data Protection Archives

A Progressive Step Towards Regulating The eCommerce Sector – In response to Professor Arul’s 101 Article on Decimating Digital Competition

I write in response to Professor Arul George Scaria's article in Bloomberg where he argues that the Draft National eCommerce Policy ("eCommerce Policy") will decimate digital competition. Arul bases his arguments on issues in the policy with respect to data ownership/sharing and intellectual property protection, and states in strong words that the policy is discriminatory, anticompetitive, protectionist, and violative of individual rights. While I agree with Arul's comments relating to anti-piracy measures and open access, I find several of his…

March 22, 2019 Dr. Kalyan C. Kankanala Intellectual Property, Privacy / Data Protection 0Comment 881Views 0Like

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Draft E-Commerce Policy Has a Long Way To Go

The Department for Promotion of Industry and Internal Trade (DPIIT) issued a notification announcing the Draft National E-Commerce Policy on 23rd February, 2019 and inviting comments and suggestions from stakeholders. The Policy recognises the substantial growth of e-commerce and some of the opportunities and regulatory hurdles that accompany it. The Policy addresses the various concerns that have accompanied the rapid digitization of the economy and has chosen certain key areas that needs prioritization. Additionally, the Centre has highlighted the importance…

March 21, 2019 BananaIP Reporter General, Intellectual Property, Privacy / Data Protection 0Comment 961Views 0Like

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BananaIP’s Comments on the Draft Intermediary Rules, 2018

The Ministry of Electronics and Information Technology (MEITy) issued a notification on 24th December 2018 publishing the draft Information Technology (Intermediary Guidelines) Rules 2018 to replace the rules notified in 2011. The notification, published on the MEITy website, invited comments and suggestions on the draft rules. BananaIP has submitted its recommendations and suggestions to the Ministry, and awaits positive changes in the proposed rules. We appreciate the Ministry’s recognition of the widespread misuse of social media platform to spread fake news,…

February 26, 2019 BananaIP Reporter Intellectual Property, Privacy / Data Protection, Social Media Law 0Comment 873Views 0Like

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Cinematograph Act Amendment, Facebook to Make Political Ads Transparent, No Removal of Explicit Streaming Content, EU Agrees on Copyrights, Fiji Counter-sues, and more

Cabinet Approves Cinematograph Amendment to Curb Piracy, Delhi HC Dismisses Plea Seeking Removal of Explicit Streaming Content, Facebook to Increase Transparency of Political Ads, Jeff Bezos Accuses National Enquirer of ‘Extortion and Blackmail’, EU Negotiates Agreement on Copyright Rules, ‘GTA V’ Cheats Cost Creator USD 150,000 in Damages, Fiji Water Counter-sues Viral Fiji Water Girl, PV Sindhu Signs Lucrative 50 Crore Deal with Chinese Sports Brand, McFarlane Toys Inks Deal for DC Superhero Toys, Kiss and Emoji Collaborate, BMG to License Music through SESAC in India, Copyright Tip of the…

February 15, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection, Publicity Rights/ Celebrity Rights, Social Media Law, Sports Law 0Comment 986Views 0Like

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Intermediaries, Marketplaces and Take Down Actions

My colleague, Ashwini Arun, brought an interesting post on Spicy IP on SareGama's take down notice to my attention. The post talks about take down of one of its articles, and may be read at: https://spicyip.com/2019/02/saregama-pa-rdon-me-you-have-the-wrong-address-on-the-perils-and-pitfalls-of-notice-and-takedown.html. It is unfortunate that SareGama decided to include an article from Spicy IP, renowned for its well-researched articles and contributions to IP discourse, in its Take Down list. I am assuming that the inclusion of the link by SareGama was an inadvertent act of…

February 14, 2019 Dr. Kalyan C. Kankanala Copyrights, General, Intellectual Property, Privacy / Data Protection 0Comment 848Views 0Like

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Facebook to Share Chats with Police, Artist Sues Ariana Grande, ‘Fiji Water Girl’ Suit, and more

Facebook to Provide User Chat Details for Sensitive Cases to Delhi Police, MEITy Invites Counter Comments on Draft Intermediary Rules, Vegas Artist Sues Ariana Grande for Using Art in Music Video, Creators of Netflix’s ‘Wild Wild Country’ Sued for Copyright Infringement, ‘Fiji Water Girl’ Sues Fiji Water for Unauthorised Use of Images, Spotify in Talks to Acquire Gimlet, TikTok and Sony Collaborate to Promote Thriller ‘Escape Room’ Copyright Quote The Copyright Bargain is a balance between protection for the artist and rights for the consumer. Robin Gross Copyright Statistics…

February 8, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection, Publicity Rights/ Celebrity Rights, Social Media Law 0Comment 859Views 0Like

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The image depicts the word Privacy written using scrabble tiles as the post is about having the right privacy policy.

Planning the Right Privacy Policy for You and Your Visitors

First Publication Date: 4th February 2008. Over the past few months, demands for increased privacy regulation have taken center stage as increasingly private transactions move to the Internet. According to The New York Times, the Clinton Administration plans to impose privacy regulations on health care information in the waning weeks of his presidential term. Companies are faced with renewed pressure to update privacy policies as tracking technologies change and consumer concern grows. Privacy policies are not generic and must be tailored to…

October 14, 2018 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law, Privacy / Data Protection 0Comment 728Views 0Like

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THE CONSENSUAL IS NO LONGER CRIMINAL

We’re fundamentally an Intellectual Property resource. However, we believe the verdict in question here, striking down Section 377, is a historic moment in our vast legal landscape, and thus worthy of mention. Further, this verdict has implications on privacy laws, and hopefully on a societal outlook that will spur changes in a multitude of other areas of law, many of which are yet to be analyzed in this specific respect. On September 6th, 2018, the Supreme Court of India struck down…

September 8, 2018 BananaIP Reporter General, Intellectual Property, Privacy / Data Protection 0Comment 972Views 0Like

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 5

Full text of the proposed bill can be accessed here. Penalties and Compensation A data principal who has suffered harm due to any violation of this Bill (or its rules and regulations), by a data fiduciary or a data processor, has the right to seek compensation from the party at fault. The data processor is only liable where it has acted negligently, acted outside or contrary to the instructions of the data fiduciary, not incorporated adequate security safeguards, or violated specifically…

September 4, 2018 BananaIP Reporter Intellectual Property, Privacy / Data Protection 0Comment 772Views 0Like

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 4

Full text of the proposed bill can be accessed here. Data Localization This is one of the more stringent requirements of the Bill, and distinguishes it from data protection laws in other jurisdictions. The Bill requires certain categories of personal data, which the central government may notify as critical personal data, to be processed only through servers or data centers located within India (See Section 40). However, this obligation is not absolute, and allows for transfer of certain personal…