Categories
Privacy Law

WHEN THE STATE FORGETS TO FORGET: TIERED EXEMPTIONS UNDER THE DPDPA

Riyan Paul Mathew Abstract The DPDP Act 2023, envisioned to fill the legal lacunae on digital privacy, falls largely short of its statement of objects and reasons. By carving out three tiered exemptions for governmental activity, covering national security and public order, criminal investigation, and statistical research, and removing meaningful timelines for the erasure or […]

Categories
Privacy Law

Privacy vs. Open Justice? The “Right to Be Forgotten” and Conflicting HC Jurisprudence

Koushiik Kumar Introduction The expansion of digital legal databases has transformed judicial records into globally accessible repositories. This development, while democratising access, has also raised sharp questions of privacy. In Karthick Theodore v. Registrar General (2024), the Madras High Court directed Indian Kanoon to remove a judgment revealing the petitioner’s name and intimate details, despite […]

Categories
Competition Law Privacy Law

Data Dominance Under Fire: WhatsApp Case and its Implications

Soujanya Boxy Introduction The accelerating pace of technological advancements raises growing concerns over user autonomy and data privacy, particularly with the increasing power of tech giants to collect and use user data. Tech giants recognise user data as the fuel for their revenue growth. However, in their pursuit of being data monopolies, a critical question […]

Categories
Constitutional Law Privacy Law Technology

The Right to be Forgotten: Path Towards Efficacious Realization of Data Protection

Tanish Arora Introduction The concept of the right to be forgotten was recognised in French jurisprudence, where it was known as ‘le droit a l’oubli’, which refers to the “ability of individuals to limit, de-link, delete, or correct the disclosure of personal information on the internet that is misleading, embarrassing, irrelevant, or anachronistic.” This right […]