International Law

article on online privacy in india

By Apar Gupta

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The Indian Journal of Law and Technology (IJLT), arguably the one of the best journals on law and technology published in India in its latest issue has published my article on Balancing Online Privacy in India.  Leaving aside my visible bias for the journal, the article examines how courts have responded in cases of state intrusion. To make sense of the law of privacy in India I utilize Daniel Solove’s taxonomy of privacy. One of the points argued, is that courts have molded a procedure for privacy interference rather than a substantive right to privacy itself.  These procedures contain safeguards which seek to protect privacy. However, as it is demonstrated there is a lack of incentive for obeying these procedural safeguards.  In the end I make a case that for all the noise around privacy, a state instrumentality for a privacy breach, rarely faces the music. The complete article may be found on the following link.

Full post as published by India Law & Tech on July 16, 2010 (boomark / email).