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SET-DEV Conference on "Privacy Law, Technology Policy and the Internet" | 25th – 26th February 2010, Hyderabad, India

SET-DEV Conference on "Privacy Law, Technology Policy and the Internet" | 25th – 26th February 2010, Hyderabad, India

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    Privatising Privacy Privatising Privacy Presentation Transcript

    • “PRIVATISING PRIVACY”by Apar Gupta
      Conference on “Privacy Law, Technology Policy and the Internet”
      Thursday 25-Friday 26 February 2010, Hyderabad, India
    • Orwell’s Metaphor
      PAGE 1
      Privatising Privacy…
    • Possner and Solove
      PAGE 2
      Privatising Privacy…
    • State against Citizen
      • Gobind v. State of M.P., (1975) 2 SCC 148
      • Peoples Union for Civil Liberties v. Union of India, (1997) 1 SCC 301
      • Warrantless telephone tapping
      • Right to privacy “overly broad and moralistic”
      • Privacy as per procedure evolved
      • Telegraph Act
      • Sec. 5(2)
      • Rule 419A
      PAGE 3
      Privatising Privacy…
    • Telecom Privacy
      • Sec. 5(2)
      • (a) public emergency; or
      • (b) public safety situation
      • 419-A
      • (a) interests of sovereignty and integrity of India;
      • (b) the security of the state;
      • (c) friendly relations with foreign states;
      • (d) public order; and
      • (e) incitement to the commission of an offence.
      PAGE 4
      Privatising Privacy…
    • India goes online
      • Information Technology Act
      • Sec 69
      • interception or monitoring or decryption of any information through any computer resource
      • Sec. 69 B
      • monitor or collect traffic data or information through any computer resource for cyber security
      • Disclosure
      • Fiduciary Duty
      • When gathering under Sec. 69 A/B
      PAGE 5
      Privatising Privacy…
    • Limitations of the Present Privacy Regime
      • Different Nature of Competing Interests
      • Privacy and Public Good
      • Privacy and Electronic Commerce
      • Private Intermediaries as the Dominant Actor
      • Provide services provided by the state
      • Provide new services
      • Supported by breaching privacy
      • Not limited when conducting activities on own accord
      • A Deeper Cut at Privacy
      • Non-recognition of the harm of information processing
      PAGE 6
      Privatising Privacy…
    • Digital Panopticon’s
      PAGE 7
      Privatising Privacy…
    • Thank You!
      Apar Gupta, Advocatemail@apargupta.com