Category Archives: Privacy

Privacy

Of Privacy, Accountability and an Atrocity called Aadhaar: Whither Legal Liability?

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Privacy continues to remain a contested subject matter. I don’t mean contests over the bounds of privacy (particularly in the digital milieu), but a contest that is rather specific to IP: does privacy really count as a species of IP? IP lawyers (and I count myself as part of this blessed breed) are a covetous lot: seeking to constantly expand our kitty of IP kinds. In fact, so influential is our lot in India that unlike the rest of the world,…


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Privacy

SpicyIP Fellowship 2018-19: A Case for Creating ‘Identity Rights’ for Digital Identities in India

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We’re happy to bring you another guest post by our Fellowship applicant Prarthana Patnaik. Prarthana is a 4th year student at National Law University, Odisha. This is her second submission for the Fellowship. A Case for Creating ‘Identity Rights’ for Digital Identities in India Prarthana Patnaik In the era of the Aadhar, demonetization, blockchain and other technological advancements, ‘digital identities’ are gaining increasing prominence. The World Bank defines ‘digital identities’ as “a set of electronically captured and stored attributes and…


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Privacy

Privacy, Publicity and Media Mistakes

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Tis’ one of the most enduring paradoxes. That our right to privacy verdict became one of the most “public” ever! The sheer number of public comments that sprung up in its wake is testament to this sentiment. At last count, there appeared to be more than 300 articles and commentaries on this judgment alone; all within a span of a month or so! In fact, just a week or so back, we at IDIA did a full panel on privacy…


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Privacy

Content Neutrality of the Self: Criminals Be Warned!

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Here at SpicyIP, we’re a bunch of zealous IP nerds and geeks. Think of us as a Comic-con for IP, but running all through the year. One of the topics that has got us into a tizzy recently is that of content neutrality in IP. Just look at our track record this past year: We had one of the most distinguished IP Judges in India, Justice Gautam Patel, write for us on content neutrality in Copyrights. This was followed by…


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Privacy

The Supreme Court’s Privacy Judgment Elevates Personality Rights to the Constitutional Plane

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In a landmark judgment delivered on August 24, 2017 a bench of 9 judges of the Supreme Court in the case of Justice K. S. Puttaswamy (Retd.) v. Union of India has clarified that all Indians have a fundamental right to privacy under Article 21 of the Constitution. I use the word ‘clarify’ because smaller benches of the Supreme Court have previously proceeded on the assumption that privacy has always been a fundamental right under the Indian Constitution. These judgments…


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Privacy

The Privacy Case – Looking Past Semantics

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We are pleased to bring to you a guest post by Jaideep Reddy on the ongoing SC case on right to privacy. Jaideep is a technology lawyer at Nishith Desai Associates. The views expressed in this post are personal. We had earlier published a few snippets of an article co-authored by him on problems of delegated legislation/executive action here.   The Privacy Case – Looking Past Semantics Jaideep Reddy Next week, the Supreme Court is expected to answer the question that…


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Others Privacy

Reveries of a Publicity Right

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At the outset, I would be remiss if I didn’t thank Professor Shamnad Basheer and the rest of the SpicyIP team, for this opportunity as well as the magnanimous gesture of allowing me to be the first scholar in practice! I am humbled and grateful for this opportunity so a huge thank you once again! As Adam Burish said, “It’s not pressure, it’s excitement”. Reveries of a Publicity Right By now, most of our readers would be familiar with what…


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Privacy

The Whatsapp Privacy PIL: Did Facebook shoot Whatsapp in its foot?

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A few months ago, I had written about a judgment of the Delhi High Court dismissing a PIL filed against the change in Whatsapp privacy policy. As I had commented at this time, the PIL was absolutely frivolous and should have been dismissed. Yet, it is now being heard by a constitutional bench of the Supreme Court – a rare event these days. How did this PIL transform from being frivolous to ending up before a Constitutional Bench of 5…


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Privacy

SpicyIP Fellowship 2017-18: Who Can Be A Celebrity: A Christopher Porco Story

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We are happy to bring to you another guest post by our Fellowship applicant Shubhi Sharma. Shubhi is a 4th year student at Rajiv Gandhi National University of Law, Punjab. This is her second submission for the Fellowship. Who Can Be A Celebrity: A Christopher Porco Story Shubhi Sharma In 2013 Lifetime Entertainment Services (LES) decided to broadcast a film titled “Romeo Killer: The Christopher Porco Story”. LES later found itself engaged in a legal spat of civil rights action suit with…


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Privacy

YouTube: The Bi-Polar Behemoth

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We are happy to bring to you a guest post on a recent order by the Madras High Court directing Google and You Tube to disclose the identity and IP address of the user who uploaded an allegedly defamatory video about Lebara Foundation. The author of this post wishes to remain anonymous.   YouTube: The Bi-Polar Behemoth Anonymous Recently on Spicy IP, Rahul wrote an excellent post describing YouTube’s most recent over-zealous efforts to police content on their website. In short, YouTube’s…


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