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by Sumandro Chattapadhyay last modified Mar 30, 2016 11:09 AM

Revisiting Per Se vs Rule of Reason in Light of the Intel Conditional Rebate Case

by Shruthi Anand — last modified Oct 04, 2017 01:45 PM
October 04, 2017

Recent developments in the European Union (EU) regarding the antitrust case against Intel have brought back into focus two rules of competition law analysis- the per se rule and the rule of reason. In light of the decision by the Court of Justice of the European Union in the matter, this Note examines the application of the two rules to the case in detail. Additionally, it analyzes the statutory and judicial basis for the rules in the context of the EU and Indian competition law regimes, and concludes by identifying some areas in which these concepts would be relevant.

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The Fundamental Right to Privacy: An Analysis

by Amber Sinha — last modified Oct 04, 2017 11:19 AM

Last​ ​month’s​ ​judgment​ ​by​ ​the​ ​nine​ ​judge​ ​referral​ ​bench​ ​was​ ​an​ ​emphatic endorsement​ ​of​ ​the​ ​the​ ​constitutional​ ​right​ ​to​ ​privacy.​ ​In​ ​the​ ​course​ ​of​ ​a​ ​547​ ​page judgment,​ ​the​ ​bench​ ​affirmed​ ​the​ ​fundamental​ ​nature​ ​of​ ​the​ ​right​ ​to​ ​privacy reading​ ​it​ ​into​ ​the​ ​values​ ​of​ ​dignity​ ​and​ ​liberty.​ In the course of a few short papers, we will dissect the various aspects of the right to privacy as put forth by the nine judge constitutional bench in the Puttaswamy matter. The papers will focus on the sources, structure, scope, breadth, and future of privacy. Here are the first three papers, authored by Amber Sinha and edited by Elonnai Hickok.

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Rethinking National Privacy Principles: Evaluating Principles for India's Proposed Data Protection Law

by Amber Sinha — last modified Sep 11, 2017 02:22 AM
September 11, 2017

This report is intended to be the first part in a series of white papers that CIS will publish which seeks to contribute to the discussions around the enactment of a privacy legislation in India. In subsequent pieces we will focus on subjects such as regulatory framework to implement, supervise and enforce privacy principles, and principles to regulate surveillance in India under a privacy law.

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CIS Statement on Right to Privacy Judgment

by Amber Sinha — last modified Aug 31, 2017 06:13 PM

In an emphatic endorsement of the right to privacy, a nine judge constitutional bench unanimously upheld a fundamental right to privacy. The events leading to this bench began during the hearings in the ongoing Aadhaar case, when in August 2015, Mukul Rohatgi, the then Attorney General stated that there is no constitutionally guaranteed right to privacy.

CIS Statement on Right to Privacy Judgment - Read More…

Aadhar: Privacy is not a unidimensional concept

by Amber Sinha — last modified Aug 23, 2017 01:50 AM
August 23, 2017

Right to privacy is important not only for our negotiations with the information age but also to counter the transgressions of a welfare state. A robust right to privacy is essential for all Indian citizens to defend their individual autonomy in the face of invasive state actions purportedly for the public good.

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Infographic: The Impending Right to Privacy Judgment

by Amber Sinha and Pooja Saxena — last modified Aug 22, 2017 11:50 PM
August 22, 2017

The ruling will be important not just for the immediate Aadhaar case but also numerous other matters to do with state intrusions, decisional autonomy and informational privacy.

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Here’s why we need a lot more discussion on India’s new DNA Profiling Bill

Here’s why we need a lot more discussion on India’s new DNA Profiling Bill

by Elonnai Hickok — last modified Aug 21, 2017 11:48 PM
August 21, 2017

The DNA Profiling Bill 2017 is still missing a number of safeguards that would enable individual rights. The implications of creating regional and national level DNA databanks need to be fully understood and publicly debated.

Here’s why we need a lot more discussion on India’s new DNA Profiling Bill - Read More…

High Level Comparison and Analysis of the Use and Regulation of DNA Based Technology Bill 2017

by Elonnai Hickok — last modified Aug 11, 2017 02:16 AM

This blog post seeks to provide a high level comparison of the 2017 and 2015 DNA Profiling Bill - calling out positive changes, remaining issues, and missing provisions.

High Level Comparison and Analysis of the Use and Regulation of DNA Based Technology Bill 2017 - Read More…

Should an Inability to Precisely Define Privacy Render It Untenable as a Right?

by Amber Sinha — last modified Aug 04, 2017 01:49 AM
August 04, 2017

The judges may still be able to articulate the manner in which limits for a right to privacy may be arrived at, without explicitly specifying them.

Should an Inability to Precisely Define Privacy Render It Untenable as a Right? - Read More…

Data Protection: Understanding the General Data Protection Regulation

by Aditi Chaturvedi — last modified Jul 04, 2017 04:12 PM
July 04, 2017

As recently as May 27, 2016, the General Data Protection Regulation (REGULATION (EU) 2016/679) (hereinafter referred to as GDPR) was adopted. The Data Protection Directive (1995/46/EC) (hereinafter referred to as DPD) will be replaced by this Regulation.

Data Protection: Understanding the General Data Protection Regulation - Read More…

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