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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 3

Full text of the proposed bill can be accessed here. Transparency and accountability measures Privacy by Design The Data fiduciary is obligated to implement policies and measures to ensure that: Practices and systems are designed to anticipate, identify and avoid harm to the data principal; Data protection obligations are embedded in organizational and business practices; Technology used in the processing of personal data is in accordance with commercially accepted or certified standards; Legitimate interest of business is achieved without…

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 2

  Full text of the proposed bill can be accessed here. Rights of Data Principal The Bill provides the following important rights to the data principal: Right to confirmation and access: Data principal may obtain the following information from the data fiduciary: Confirmation whether the data fiduciary is processing its personal data, Summary of the personal data processed by the data fiduciary, and Summary of processing activities undertaken by the data fiduciary with respect to its personal data. The…

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 1

The Draft of the Personal Data Protection Bill was released on July 27, 2018 by the Justice Srikrishna Committee, along with its report on Data Protection in India. This Bill incorporates many features of the EU-GDPR modified according to Indian stand on the privacy of individuals. Although not as stringent in its requirements or as widely applicable as the GDPR, the Bill imposes largely similar obligations on the recipients of an individual’s data. The salient features of the Bill include:…

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Data Protection in India- Part II

We live in a complex web of social relationships, which are influenced by several factors that are alien to any other country. The extent to which one wishes to be left alone depends on the nature of relationships in the web, which are sometimes more divergent than one can imagine. The privacy world of an individual in her relational web is multi-dimensional, dynamic and contextual, and suffers from predictability ambiguities. The challenge of defining the nature, scope, and extent of…

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Data protection in India-Part I

The Committee of  Experts on Data Protection Framework for India headed by Justice B.N. Srikrishna released a white paper on data protection framework for India which was made available on the website of the Ministry of Electronics and Information Technology. This paper may be accessed here.  The Committee was set up by the Central Government to study and understand various issues relating to data protection in India, make specific suggestions on principles underlying a data protection bill and to draft…

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Privacy and Intellectual Property: Are we trying to kill the snake with a log?

The Right to Privacy is now unquestionably a constitutionally protected fundamental right. The Supreme Court's order puts it as follows: " ... 2      The reference is disposed of in the following terms: (i)   The decision in M P Sharma which holds that the right to privacy is not protected by the Constitution stands over-ruled; (ii) The decision in Kharak Singh to the extent that it holds that the right to privacy is not protected by the Constitution stands over-ruled; (iii) The right to privacy…

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The featured image shows a pen with LinkedIn printed on it. The post is regarding the recent security breach of passwords of users of LinkedIn. To know more , please click here.

Privacy: The LinkedIn Security Breach

LinkedIn, a business oriented social networking site which was founded in the year 2002, has recently found its way in the headlines for the latest data breach committed by hackers on May17, 2016. This wasn’t the first time it had faced such a breach. On 5th  June, 2012, a  group of hackers managed to get hack 6.5 million user accounts and by the morning of June 6, passwords of such accounts were available online in plain text.  This was followed…

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part II

This post was first published on June 25th, 2014.   We reviewed the existing scenario in the entertainment industry with respect to the protection of ideas, in my previous post - how to protect ideas. Before we move on to discuss the tool that can be used to protect original ideas/concepts that are not expressed in a tangible form, let us take a look at the practices followed in the entertainment industry by both the generator and the receiver of ideas.…

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