Call for Papers: DSNLU Book on Changing Dimensions of Right to Privacy in Digital Era: Submit by Sept 25
India is taking a giant leap towards digitization and cashless economy. It has also liberalized its foreign investment related laws and requirements.
These favorable moves are aimed at attracting more foreign players to establish their presence in India. While global players opening shop in India bring with them superior global standards of data protection and data privacy, it is also imperative for them to be mindful of the unique municipal law requirements in India.
The failure to follow the Indian legal requirements could trigger civil or criminal liabilities. Further, this could also entail irreparable loss of revenue and reputation.
While the concept of ‘data privacy’ is not explicitly mentioned under Indian laws, the courts of the country have over time entwined the concept of privacy with the interpretation of the right to life and personal liberty as provided mentioned under Article 21 of the Constitution.
It is interesting to note that the Supreme Court of India is yet to conclusively decide whether the right to privacy is naturally a fundamental right guaranteed under Article 21 of the Constitution.
However, such a right is enforceable against the State alone and this poses a perplexing question as to which legislation governs the non-state related aspects of privacy breach.
In this regard, though avenues under the law of torts and Indian Penal Code, 1860, always existed, the concepts of data privacy and data protection were given focused attention through provisions of the Information Technology Act, 2000.
Lack of a comprehensive legislation pertaining to privacy and data protection has been a matter of concern. This concern has been particularly expressed by foreign companies that are doing business in India and are transmitting confidential data into the country.
Even though the data protection laws are not specifically laid down in any statute till now, the Indian industry has begun the process of sensitizing the Government and the public regarding the importance of privacy.
Further, with regulators like the Reserve Bank of India providing for strict privacy norms in certain areas, it seems that India is taking a huge step forward towards privacy norms.
It is being felt by all concerned that a dedicated data protection law would give further impetus to Indian Industries.
In the recent times, India is experiencing many litigations which are throwing up questions on data privacy and data protection that were never addressed before.
Recently, the Supreme Court of India has issued notices to Telecom Regulatory Authority of India and social media giants like WhatsApp and Facebook, to explain their legal position over privacy concerns raised in a petition on WhatsApp’s data sharing policy.
In this scenario “Society for Law and Technology” would like to seek your contributions in the form of submission of papers for the upcoming book titled as above.
Contributions that are genuine, unpublished and original are expected. The domain for submissions is open to researchers, academicians, students, scholars, professionals, and others.
September 25, 2017
The book is to enlighten readers upon the ever-changing aspects that evolve and convert in the field of law of privacy and law of technology.
Different practical skills and techniques are expected to be displayed by the authors to emphasize their ideology and give the papers a realistically mesmerizing appeal, and effective research to establish a fully comprehensible paper for readers to come.
Scholarly Write-up: (3,000-5000 words, inclusive of footnotes)
The authenticity of the contributions is expected to be maintained, and their prior publication elsewhere would not be accepted.
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