The article provides a brief overview of the legal framework relating to data protection and privacy and discusses the provisions of relevant data protection and data privacy laws in India. It also discusses proposed legislative changes in India to strengthen and improve the existing data protection regime.
Data Privacy
Technological development has always outpaced privacy concerns, but never more so than in the past decade. Collection and centralization of personally identifiable information (PII), tracking of movements and digital surveillance are all at unprecedented levels. Regulations and laws are only just beginning to catch up to the ability of both governments and private entities to deploy these capabilities.
What exactly is there to worry about? The mass collection and centralization of data by giant multinationals such as Facebook and Google is as good of a place to start as any. Two decades of vacuuming up the personal data of users of various online services has created the most impressive marketing capabilities in history, but these profiles have astounding potential for damage when they are used the wrong way or fall into the wrong hands.
Unauthorized information that is captured in data breaches tends to find its way to massive “combo lists” that are sold and traded on the dark web. Social security numbers are added from this breach, home addresses and phone numbers from that one, personal health information from yet another. Soon, a frighteningly complete profile of millions of individuals is available to anyone willing to pay the asking price.
These are just the established data privacy issues. The emerging ones are even worse. High-quality facial recognition technology is just beginning to roll out across the public places of some countries. Artificial intelligence is not only making mass facial recognition possible, but magnifies the power and reach of any application that involves capturing and sorting information: scanning pictures, analyzing speech, sifting through text and location data. This threatens to not only shatter anonymity and privacy, but allow for highly advanced impersonation and take the concept of “identity theft” to new levels.
Some businesses chafe at the trouble and added expense of new and emerging data privacy regulations, but they are vital to both protecting rights and privacy and instilling confidence in end users. Customers want to be able to submit their payment information without worry about data breaches and identity theft, use services without wondering what is being done with their personal information and use devices without fear of surveillance or having location data tracked. The need for meaningful safeguards only grows greater as technological capabilities increase.
Securing digital identity on immunity passport will require a trusted guardian that has significant checks and balances in its design and always put our privacy first.
The biggest names in Big Tech are about to be subject to a new investigation. The CFPB wants to look over their handling of payment data, as a means of providing better protections against things like fraud and data breaches.
Businesses face challenges in handling unstructured data and staying compliant with privacy regulations. With newer approaches, AI will be able to assist much better in data governance tasks.
An internet bill of rights seems necessary now that the internet is inextricably intertwined with everyone's life, but the shepherds of this technology cannot be counted on to adequately self-regulate.
The principle of programmatic advertising is at the heart of the case filed by Brave since 2018 where practice of real time bidding is alleged to have broken the data protection law.
As data privacy regulations surge across the globe, U.S. is significantly lagging behind with a lack of federal law on data consent and California being the only state that offers consumer protections.
New iOS 14 operating system will not only allow Apple users to selectively disable ad tracking in apps but also introduce a suite of new enhanced privacy features.
Expansion of China's data protection regulations will impact the smart car market in the country. The CCP has clarified terms to require this of the digital keys to smart vehicles and the data they generate.
A coalition of some of the biggest names in privacy-focused tech companies is seeking a ban on advertising technologies that use surveillance techniques to track people across the internet.









