The legal gaps in India’s unregulated AI surveillance
5 days, 23 hours ago

The legal gaps in India’s unregulated AI surveillance

The Hindu  

In 2019, the Indian government made headlines by announcing its intention to create the world’s largest facial recognition system for policing. The use of AI for surveillance has global parallels, often resulting in “dragnet surveillance”, a term that refers to indiscriminate data collection beyond just suspects or criminals. This article explores the legal frameworks, gaps, and concerns surrounding AI surveillance in India and how they intersect with constitutional rights, particularly the right to privacy. However, the extent of surveillance infrastructure in India currently lacks proportional safeguards, leading to legitimate concerns about the implications of AI-driven data collection. To mitigate risks from AI-driven surveillance, regulating “high-risk activities” through restrictions on digital personal data processing and transparent auditor oversight of data sharing is crucial.

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History of this topic

Privacy as priority: India can’t afford any further delay in notifying data protection rules
1 week ago

Privacy as priority: India can’t afford any further delay in notifying data protection rules

Live Mint  

A few days ago, Signzy, a popular Know Your Customer verification service used by India’s top banks and fintech firms, was affected by a cyber attack that may have exposed the sensitive personal information of millions. India’s Digital Personal Data Protection Act was passed six years after the Right to Privacy verdict in 2017. The Digital India Act, touted as …

CCTV monitoring might be a reality for bars, pubs in Mumbai; Restaurateurs react to new Maharashtra govt mandate
3 weeks, 2 days ago

CCTV monitoring might be a reality for bars, pubs in Mumbai; Restaurateurs react to new Maharashtra govt mandate

Hindustan Times  

Want to relax by enjoying a pint after work or just heading out with your friend's group, big brother will be watching. Videotapes of such moments, data storage and transmission involved present cybersecurity risks, including exposure to ransomware or hacking and exposing hotels and restaurants to data privacy and data security.” Chetan Mehta, Vice President, HRAWI, said, “We respect the …

EU's data privacy laws stymie India's investigation into airline bomb hoax calls
1 month, 1 week ago

EU's data privacy laws stymie India's investigation into airline bomb hoax calls

Live Mint  

New Delhi: India’s hunt for the perpetrators of multiple bombing threats that significantly disrupted the domestic aviation and hospitality sectors has hit a roadblock in Europe, where most of the hoax calls are said to have been made through virtual private networks. “India has currently hit a roadblock in the European Union, with France and Germany being among the nations …

Balancing Innovation and Consumer Protection: A Framework for High-Risk AI in India
1 month, 3 weeks ago

Balancing Innovation and Consumer Protection: A Framework for High-Risk AI in India

Live Mint  

India's approach to regulating high-risk AI systems should be targeted and risk-based, prioritizing consumer protection while fostering innovation. The country should learn from the successes of other nations while considering local needs and challenges. The draft Digital India Act 2023 should be revised to address high-risk AI systems and ensure consumer protection. Existing legal frameworks should be leveraged, and the …

India not yet ready for AI regulations says Experts
3 months, 2 weeks ago

India not yet ready for AI regulations says Experts

New Indian Express  

HYDERABAD: On the second day of the Global AI Summit 2024 at HICC, experts from various fields discussed key aspects of Artificial Intelligence. Arghya Sengupta, Founder & Research Director of Vidhi Centre for Legal Policy, said that India is not yet ready for AI regulations and that small innovators and developers could be most affected and recommended adopting certain codes …

Corporate boards should foster a culture of data privacy in organizations
9 months, 2 weeks ago

Corporate boards should foster a culture of data privacy in organizations

Live Mint  

The digital age has ushered in a new era of responsibility—to safeguard the core of our online existence: our data. In acknowledging the role of data privacy being integral to corporate governance and risk management, the board has a crucial role in not only ensuring that the enterprise meets legal obligations, but also establishing a bedrock of trust under its …

AI companies can be innovative and responsible: Markham Erickson, Google executive
1 year ago

AI companies can be innovative and responsible: Markham Erickson, Google executive

Hindustan Times  

Regulating artificial intelligence does not need to be a binary choice between self-regulation by companies and strict legal guardrails prescribed by governments, and AI companies can be innovative while behaving responsibly, a top Google executive said on Wednesday. In an interview with HT, Markham Erickson, vice president, government affairs and public policy at Google’s Centers for Excellence, shared the company’s …

India's Data Revolution: Unpacking the DPDPA 2023 and Ensuring Accountability
1 year ago

India's Data Revolution: Unpacking the DPDPA 2023 and Ensuring Accountability

The Quint  

It is crucial to establish mechanisms that hold the government accountable as a data custodian, said Dr Kislay Pandey, a leading corporate lawyer of India. Specific measures need to be taken to explicitly regulate emerging technologies like AI and tapping into their potential to bolster data protection. He further said, “To ensure the efficacy of data protection and privacy regulation …

Children, a key yet missed demographic in AI regulation
1 year, 2 months ago

Children, a key yet missed demographic in AI regulation

The Hindu  

India is to host the first-ever global summit on Artificial Intelligence this October. AI regulation must improve upon India’s approach to children under India’s newly minted data protection law. So, how can the upcoming Digital India Act better protect children’s interests when interacting with AI? The Californian code pushes for transparency to ensure that digital services configure default privacy settings; …

E- International Seminar, Right To Privacy, Data Protection, Law Mantra Trust, MNLU Nagpur, NLSIU Bangalore
1 year, 3 months ago

E- International Seminar, Right To Privacy, Data Protection, Law Mantra Trust, MNLU Nagpur, NLSIU Bangalore

Live Law  

The Seminar aims to examine and analyze Right to Privacy & Data Protection in Digital Era in today’s times. The International Seminar will be attended by various international delegates and speakers as also representatives from the national Diaspora representing the stakeholders in the digital ecosystem and alive web. These would include representatives from the Central Government & State Governments, various …

Navigating the complex landscape of data privacy laws in India
1 year, 3 months ago

Navigating the complex landscape of data privacy laws in India

Hindustan Times  

In an era where data is hailed as the "new oil," the need for strong data privacy laws has never been more critical. India, too, has stepped up its game in this regard with the introduction of the Digital Personal Data Protection Act, 2023. Compliance with data protection laws, such as the Digital Personal Data Protection Act, 2023 in India, …

Today’s Cache | India’s Personal Data Protection Act weakens RTI; Google hit with copyright lawsuit; Microsoft unbundles Teams to avert fines
1 year, 3 months ago

Today’s Cache | India’s Personal Data Protection Act weakens RTI; Google hit with copyright lawsuit; Microsoft unbundles Teams to avert fines

The Hindu  

India’s Personal Data Protection Act weakens RTI Activists have long warned of dilution of the Right to information and with the Digital Personal Data Protection Act, of 2023, the qualified prohibitions to certain right to information to be kept secret have turned into total prohibitions. The lawsuit, alleging copyright violations, was filed by the Danish Media Association a year after …

Navigating the Crossroads: India’s Imperative to Balance AI Innovation with Ethical Accountability - News18
1 year, 3 months ago

Navigating the Crossroads: India’s Imperative to Balance AI Innovation with Ethical Accountability - News18

News 18  

“In a world driven by innovation, our responsibility lies in shaping technology to uplift humanity, not to divide or oppress.” In a dynamic era marked by remarkable technological strides, India stands at a pivotal juncture, compelled to address the intricate ethical and societal dimensions of artificial intelligence and meta technologies. However, this trajectory also underscores the urgency to establish a …

Personal Data Protection: How India's Law Looks Compared to EU's Regulations
1 year, 4 months ago

Personal Data Protection: How India's Law Looks Compared to EU's Regulations

The Quint  

DPDPA seeks “to provide for the processing of digital personal data in a manner that recognises both the right of individuals to protect their personal data and the need to process such personal data for lawful purposes and for matters connected therewith or incidental thereto,” as mentioned at the beginning of the legislation. In August 2017, when the nine-judge bench …

Word choice in India’s data protection law and a dilution of rights
1 year, 4 months ago

Word choice in India’s data protection law and a dilution of rights

The Hindu  

After years of going back and forth on its contents, India finally has a data protection law, i.e., the Digital Personal Data Protection Act, 2023. In the search for an answer to this question, we need to look at two basic features of any data protection law: the use of personal data with consent and without it. As decades of …

Legal framework for privacy as RS clears digital data bill
1 year, 4 months ago

Legal framework for privacy as RS clears digital data bill

Hindustan Times  

The Rajya Sabha passed the Digital Personal Data Protection Bill, 2023 on Wednesday, clearing the way for what will be the first legal framework for privacy, close to six years after it was held as a fundamental right for Indians by the Supreme Court. While it is unlikely to take long for the bill to receive presidential assent — at …

Data market’s future hinges on regulation
1 year, 4 months ago

Data market’s future hinges on regulation

Hindustan Times  

In 1776, when Adam Smith — arguably the most ardent champion of market economics — argued in favour of the invisible hand, there was no telephone, no broadband and no digital data coursing through cables or air waves. Several economists, including Hal Varian, the chief economist of Google, are swayed by the efficiency hypothesis while others liken data to oil …

India passes data protection legislation in Parliament. Critics fear privacy violation
1 year, 4 months ago

India passes data protection legislation in Parliament. Critics fear privacy violation

Associated Press  

NEW DELHI — Indian lawmakers Wednesday approved a data protection legislation that “seeks to better regulate big tech firms and penalize companies for data breaches” as several groups expressed concern over citizens’ privacy rights. The legislation will limit cross-border transfer of data and provide a framework for setting up a data protection authority to ensure compliance from tech companies, Information …

India passes data protection bill amid surveillance concerns
1 year, 4 months ago

India passes data protection bill amid surveillance concerns

Al Jazeera  

The new law has drawn criticism from opposition lawmakers and rights groups over the scope of exemptions, weakening gov’t accountability. Indian lawmakers have passed a data protection law that will dictate how tech companies process users’ data amid criticism that it will likely lead to increased surveillance by the government. The Digital Personal Data Protection Bill, 2023 gives the government …

Indranil Banerjie | A Law to Protect Citizens, Or To Help in State Snooping?
1 year, 4 months ago

Indranil Banerjie | A Law to Protect Citizens, Or To Help in State Snooping?

Deccan Chronicle  

In today’s digital age, privacy is a chimera -- the reality is that every intimate detail of our lives, from our eating and spending patterns to medical and financial details, are digitally recorded in some computer somewhere in the vast cloud and can therefore be potentially exposed. The idea of a digital data protection law had become imperative given the …

Manish Tewari | Build legal framework for intel to safeguard privacy
1 year, 4 months ago

Manish Tewari | Build legal framework for intel to safeguard privacy

Deccan Chronicle  

The perpetual clash between the idea of security and the idea of privacy is a battle that animates the soul of all democratic institutions. One of the biggest problems in India is that both law enforcement agencies and intelligence organisations have no sound legal basis. Thus, owing to its universal acceptability, and a belief carried out from a legal obligation …

Independent body, risk-based framework: TRAI suggests regulations for AI
1 year, 5 months ago

Independent body, risk-based framework: TRAI suggests regulations for AI

Business Standard  

The Telecom Regulatory Authority of India on Thursday called on the government to adopt a holistic regulatory framework for the responsible development of cutting-edge artificial intelligence technologies, reported Economic Times. It has proposed the immediate establishment of an independent statutory authority, 'Artificial Intelligence and Data Authority of India,' for the development of responsible AI and the regulation of use cases …

New Data Protection Bill receives Cabinet's green light: Here's all you need to know
1 year, 5 months ago

New Data Protection Bill receives Cabinet's green light: Here's all you need to know

India TV News  

India's ongoing efforts to protect privacy and personal data have gained significance in light of the Supreme Court's recognition of privacy as a fundamental right under Article 21 of the Constitution. The need for a robust data protection law became apparent following incidents of data breaches and unauthorized use of personal information by entities before stricter regulations were imposed globally. …

India’s shield of privacy should reflect Article 21
1 year, 5 months ago

India’s shield of privacy should reflect Article 21

Live Mint  

The monsoon session of Indian Parliament will likely take up a bill framed in response to the Supreme Court ruling of 24 August 2017 that said privacy is a fundamental right. The Digital Personal Data Protection Bill, a draft of which was published last year to replace an unwieldy earlier proposal, got Cabinet approval this week as part of the …

India to regulate AI to safeguard digital citizens: Minister
1 year, 6 months ago

India to regulate AI to safeguard digital citizens: Minister

Deccan Chronicle  

NEW DELHI: Amid the debate sparked by rapid advances in artificial intelligence, Rajeev Chandrasekhar, minister of state for electronics and information technology, said that India planned to regulate AI to prevent harm to "digital citizens." Chandrasekhar also mentioned that consultations on the Digital India Bill would begin this month, and a new Personal Data Protection Bill would be introduced in …

India’s push for digital sovereignty risks more online surveillance
1 year, 10 months ago

India’s push for digital sovereignty risks more online surveillance

The Hindu  

Shortly after the Nigerian government blocked Twitter in 2021 for removing a post by the country’s president, its verified handle @NigeriaGov appeared on Koo, an Indian microblogging platform that was little known overseas. It was also a vindication for the Indian government, where many officials are on Koo, and which last month hailed another locally made technology: a mobile operating …

Political Line | Public Debate on Privacy
2 years ago

Political Line | Public Debate on Privacy

The Hindu  

India’s new draft Digital Personal Data Protection Bill, 2022 is being debated intensely. Privacy activists and legal scholars are concerned that the draft is going in the wrong direction, with the government giving itself too much power to collect data, and snoop on people. The draft DPDP bill reiterates state authority and sovereignty over all questions related to data, including …

Why the new draft data bill must be reconsidered
2 years ago

Why the new draft data bill must be reconsidered

Hindustan Times  

Earlier this month, the government released the Digital Data Protection Bill of 2022, and asked for public comments. The government said this iteration provides a progressive and adequate legal framework for data protection in India; and, in particular, having listened to industry critiques of the draft Personal Data Protection Bill of 2018, it has removed onerous provisions regarding the storage …

‘Puttaswamy’ and the fading promise of a right
2 years, 3 months ago

‘Puttaswamy’ and the fading promise of a right

The Hindu  

August 24 has passed, marking five years since a nine-judge Bench of the Supreme Court of India delivered a crucial judgment in the case of Justice K.S. The judgment delivered on that date formally recognised the right to privacy as being a fundamental right stemming from the right to life and personal liberty, guaranteed under Article 21 of the Indian …

As IRCTC Mulls Data Monetisation, There Is an Urgent Need for Data Privacy Rules
2 years, 4 months ago

As IRCTC Mulls Data Monetisation, There Is an Urgent Need for Data Privacy Rules

The Quint  

Both these moves have sparked a new line of debate about the data privacy issues. The recent withdrawal of the Personal Data Protection Bill by the government, citing more comprehensive legislation, has also triggered concerns as data privacy remains guided by the provisions of the Information Technology Amendment Act 2008 and the related rules of 2011, and are found to …

Data opportunity at the G20
2 years, 4 months ago

Data opportunity at the G20

The Hindu  

The global politics of data is rapidly evolving as leading and emerging digital economies like the European Union, the U.S., India, Indonesia, and South Africa strive to protect, monetise, and leverage data collected within their territories for domestic purposes. Since 2017, India has attempted to incubate governance of non-personal data, personal data, e-commerce regulation and artificial intelligence with a preference …

India withdraws data protection and privacy bill
2 years, 4 months ago

India withdraws data protection and privacy bill

Al Jazeera  

The 2019 law had proposed stringent regulations on cross-border data flows, but had raised concerns among tech giants. India’s government has withdrawn a data protection and privacy bill which was first proposed in 2019 and had alarmed big technology companies such as Facebook and Google, announcing it was working on a new comprehensive law. A government notice on Wednesday said …

In Pegasus battle, the fight for surveillance reform
2 years, 5 months ago

In Pegasus battle, the fight for surveillance reform

The Hindu  

A year has passed since the disclosures about the Pegasus Project revealed the threat to India’s democracy. But on July 19, 2021, the Minister of Electronics and Information Technology, Ashwini Vaishnaw, referring to “press reports of 18th July 2021”, refused to directly address the claims made by the Pegasus Project; he stated that the existing legal framework prevents unauthorised surveillance. …

Delay in data law can prove costly
2 years, 6 months ago

Delay in data law can prove costly

Hindustan Times  

In two months, it will have been five years since the Supreme Court ’s landmark judgment that laid down the right to privacy as a fundamental right for Indian citizens. For 58 months, a draft legislation has bounced between committees, the government and Parliament, being redrawn and redrafted several times – each iteration arguably more controversial than the last. PREMIUM …

A new global standard for AI ethics
2 years, 6 months ago

A new global standard for AI ethics

The Hindu  

Artificial intelligence is more present in our lives than ever. Indeed, the National Strategy on Artificial Intelligence released by NITI Aayog in 2018 highlights the massive potential of AI in solving complex social challenges faced by Indian citizens across areas such as agriculture, health, and education, in addition to the significant economic returns that AI-related technologies are already creating. Additionally, …

Changing data privacy landscape in India
2 years, 11 months ago

Changing data privacy landscape in India

Hindustan Times  

Data privacy, primarily the privacy of individuals, is emerging as a major issue in India. The recent controversy on Pegasus, though some of it was politically instigated, occupied more space in public debate because of rising concerns on privacy, but international data surveillance is also worrying for national security reasons. India, however, does not have comprehensive privacy law, and limited …

A closer look at the draft Data Protection Bill
3 years ago

A closer look at the draft Data Protection Bill

The Hindu  

The story so far : The Joint Parliamentary Committee constituted to examine India’s proposed data protection law, the Personal Data Protection Bill, 2019, released its report on Monday. For instance, the JPC notes that the European GDPR, commonly seen as the pinnacle of data protection regulation worldwide, exempts from its ambit certain types of processing carried out in public interest. …

E- International Seminar: "Data Protection And Data Privacy" [Submit Abstract By 30th Nov, 2021]
3 years, 1 month ago

E- International Seminar: "Data Protection And Data Privacy" [Submit Abstract By 30th Nov, 2021]

Live Law  

The International Seminar on Data Protection and Data Privacy is taking place on 18th December, 2021Online. The International Seminar on Data Protection And Data Privacy is being organized by Law Mantra Trust, The Indian Law Institute New Delhi, Rajiv Gandhi National University of Law, Punjab, Maharashtra National Law University, Nagpur & Advanced Centre on Research, Development & Training in Cyber …

A court order for the ages
3 years, 1 month ago

A court order for the ages

The Hindu  

In a democracy, how far should the Government be allowed to peep into a citizen’s privacy? The top court said national security was not a pass for the Government to spy on its own citizens. Strictly following the procedures, I gave a notice for the following questions: “The number of memorandum of understandings the Government has entered into with foreign …

India’s top court probes spying charges against government
3 years, 1 month ago

India’s top court probes spying charges against government

Associated Press  

NEW DELHI — India’s top court on Wednesday established a committee of experts to look into accusations that Prime Minister Narendra Modi’s government used Israeli military-grade spyware to monitor political opponents, journalists and activists. The Supreme Court order came in response to petitions filed by a group of Indian journalists, rights activists and opposition politicians following an investigation by a …

The Pegasus saga and the legality of surveillance in India | In Focus podcast
3 years, 5 months ago

The Pegasus saga and the legality of surveillance in India | In Focus podcast

The Hindu  

An international group of news publications are reporting that a spyware known as Pegasus has been used to spy on politicians, journalists, and activists in at least 10 countries. Reports from the group, which includes The Wire in India, The Guardian in the U.K., and Washington Post in the U.S. among others, suggest that in India, at least 40 journalists, …

EXPLAINED: Why RBI Has Barred New Users For Mastercard And What Data Privacy Has To Do With It
3 years, 5 months ago

EXPLAINED: Why RBI Has Barred New Users For Mastercard And What Data Privacy Has To Do With It

News 18  

International payments service provider Mastercard has fallen foul of the Reserve Bank of India over non-compliance with a three-year-old order that had asked for data of card transactions done in India to be stored within the country itself instead of at overseas data centres. RBI had noted the “considerable growth in the payment ecosystem in the country”, but found that …

To trace or not to trace: A three-fold test could settle it
3 years, 6 months ago

To trace or not to trace: A three-fold test could settle it

Live Mint  

To trace or not to trace, that is the Shakespearean question we are confronted with. At their heart, the intermediary rules seek to have significant messaging intermediaries in the private messaging space accept certain tracing obligations, in particular on the identification of a ‘first originator’ of information. Second, in striking such a balance between privacy and public order under the …

Why the Personal Data Protection Bill matters
3 years, 8 months ago

Why the Personal Data Protection Bill matters

The Hindu  

The pandemic has forced more people to participate in the digital economy. However, the Personal Data Protection Bill, 2019, now under scrutiny by a Joint Parliamentary Committee, could play a big role in providing robust protections to users and their personal data. However, this data protection regime falls short of providing effective protection to users and their personal data. In …

Privacy and surveillance: The Hindu Editorial on WhatsApp user policy change
3 years, 11 months ago

Privacy and surveillance: The Hindu Editorial on WhatsApp user policy change

The Hindu  

Following an exodus of its users from its messaging service, WhatsApp, to apps such as Signal and Telegram, which promise more privacy options, the Facebook-owned service might have been forced to postpone the date for users to accept its new privacy policy terms to May 15. In just days after the earlier announcement by WhatsApp, Signal has emerged as the …

How Strong Should Surveillance Laws be: We Are Not Offline, Even When We think We Are
4 years, 3 months ago

How Strong Should Surveillance Laws be: We Are Not Offline, Even When We think We Are

News 18  

You win some, you lose some. The recent ban against 59 Chinese apps by the Indian government must give you an idea of the need to protect personal data and enact a data protection law. If your personal data is being sold and being used, and all of it without your explicit permission, then is a breach and must be …

Non-Personal Data Governance Framework And Competition Act
4 years, 4 months ago

Non-Personal Data Governance Framework And Competition Act

Live Law  

The recent report by the Committee on Non-Personal Data Governance Framework is unique in its treatment of data. Even though this framework is merely in Report form at present it is expected to become the basis of a new national legislation for regulating non-personal data. The expectation that the Report would become the basis of a national legislation together with …

‘Data Protection Bill can reduce the state’s surveillance powers’
4 years, 4 months ago

‘Data Protection Bill can reduce the state’s surveillance powers’

Live Mint  

The Data Protection Bill, 2019 was introduced in the winter session of the Parliament last December. Considered the Indian equivalent of European Union’s landmark General Data Protection Regulation, the bill lists the rules for data storage and sharing, and defines the rights citizens have on their personal information. Some of the prominent features of the bill include the citizens’ ‘right …

Balancing Data Availability, Innovation and Privacy: A Crucial Discussion on India's Data Protection Law
6 years, 8 months ago

Balancing Data Availability, Innovation and Privacy: A Crucial Discussion on India's Data Protection Law

Hindustan Times  

Indian government is working on a data protection law to balance data availability, innovation and privacy issues. The country is setting the world agenda on sustainable development, climate justice, fighting terrorism, fight against black money and other important issues. The government is also taking steps to strengthen cyber laws and data protection framework.

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