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 […]

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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 […]

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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 […]

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TeLawgram

20.11.20 – 27.11.20

Hello, this past week has seen several developments ranging from the Madras High Court passing an interim order against sexual advertisements to the EU Court of Justice finding fleeing military draft as a ground for granting asylum. Happy Reading!