Privacy

The article “The Right to Privacy” by Samuel Warren and Louis Brandeis, published in 1890, has been influential in shaping modern privacy law. This foundational work has indirectly contributed to securing protections for the LGBTQ+ community, including influencing decisions that decriminalized homosexuality in the U.S. and India. But recent scholarship suggests that Warren’s motivation for writing the article may not have been what we thought it was.

When Mario Costeja Gonzales filed a complaint against Google in Spain, it lead to the creation of the “right to be forgotten.” Technology’s perfect memory challenges traditional legal concepts like bankruptcy law, which relies on human forgetfulness. We need to worry about technology-enhanced regulation, as it could stifle innovation and flexibility in business. We may need a new right to be forgotten in the context of regulation.

Facebook’s acquisition of a 9.99% stake in Jio Platforms has led to the integration of WhatsApp with JioMart, Reliance’s grocery platform. The collaboration’s scope and implementation remain unclear, but concerns arise regarding the impact on privacy - especially in the absence of a data protection law in India.

During India’s fifth week of lockdown, measures have slowed COVID-19’s spread, despite testing and reporting concerns. A staggered lifting of restrictions is planned, balancing disease control with economic needs. Utilizing mobility data can guide reopening strategies, but privacy concerns must be addressed, especially in less dense areas.

The Indian government’s Aarogya Setu app aims to slow the spread of COVID-19 by tracking and testing those who have come into contact with infected individuals. Despite concerns over personal privacy, the app incorporates privacy protections such as dissociating personal data, retaining data on the device by default, and strict data retention policies.

Post-9/11 and 26/11 attacks, security measures at US airports and Indian hotels became stringent, normalizing privacy sacrifices for safety. The COVID-19 crisis demands similar privacy compromises for health surveillance, potentially resetting our privacy expectations permanently, but we must resist normalizing this intrusion post-crisis.

The use of end-to-end encryption is essential for privacy but also poses challenges, as it can be misused for criminal activities, such as the distribution of Child Sexual Abuse Imagery (CSAI). The paper presented at the Web Conference 2019 highlights the exponential growth in CSAI, correlating it with technological advancements. The dilemma lies in finding a balance between protecting civil liberties through encryption and preventing its exploitation for criminal purposes.

The arrest of the Golden State Killer, a serial criminal, was made possible through advances in DNA technology and commercial forensic genealogy. While effective in solving crimes, the use of public genetic information raises serious privacy concerns, potentially harming innocent relatives and uncovering unwanted private information.

India’s Data Protection Authority (DPA) must adopt technology to manage the high volume of privacy violation complaints and data-breach notifications. The DPA needs experts in technology, law, and privacy to balance privacy protection with technological innovation, requiring members beyond the traditional pool of bureaucrats and retired judges.

There is a tension between data collectors and data subjects regarding ownership and value of their data. WHile traditional ownership concepts have not really succeeded when it comes to data regulation, contained within the idea of either collector-centric or subject-centric data trusts we might find an alternative approach to data governance.