Browsing by Subject "Privacy"

Now showing 1 - 8 of 8

Open Access
Exploratory Study of Unmanned Aircraft Systems Regulations in India and the Challenges Ahead in Evolving Aviation Ecosystem
(University of North Bengal, 2023-09) Shenoy, K Kirthan; Tyagi, Divya
skies over central New Delhi in India were lit up by a spectacular display of over a thousand Unmanned Aircraft Systems (UAS) on the 75th republic day celebration in January 2022. The usage of UAS or drones, as commonly referred to, has gained momentum worldwide, including in India, signifying its importance in the aviation ecosystem. The advancement of technology and large-scale investment has fast-tracked the proliferation of UAS in civil, commercial, and military domains. The government of India and national aviation regulators are continuously working to provide a concrete regulatory framework to support the growth of the UAS sector and minimize the risk emerging from the operation of UAS. A recent step towards the same was taken by passing Drone, Rules 2021. The UAS ecosystem is still in its initial stages of development with uncertainties in privacy, safety, data protection, and governance issues. This paper aims to provide an overview of the UAS regulations in India and their implications for the UAS ecosystem. The paper highlights how such rules will affect civil and commercial UAS usage and its implication on the rights of individuals.
Open Access
Infringement of Right to Privacy by Naming and Shaming of Accused
(University of North Bengal, 2021-09) Kiyawat, Pooja
In what was broadly termed by the Government as the panacea for tackling the alleged rogue elements of the society, the Uttar Pradesh State Government decided to display the photographs, names and addresses of those accused of vandalism in Lucknow in December 2019 in the wake of the enactment of the controversial Citizenship (Amendment) Act 2019. The public display of the personal data of the accused was supposedly intended at ‘naming and shaming’ and thus deterring the accused from committing crimes, an act which certainly flies in the face of human dignity. The role of human dignity in our constitutional scheme is essentially a normative one. It ensures the unity of Human Rights into one bracket. While human dignity serves as the normative basis for the constitutional rights, it also serves as the foundation of parameter that determines the scope of all the constitutional rights.
Open Access
Integrating the Right to be Forgotten in the Indian Legal Framework in the Light of Experiences from the European Union
(University of North Bengal, 2021-03) Mozika, Jyoti J.
The right to be forgotten was brought under the spotlight in the Google Spain case, which held that individuals have the right to seek erasure or delinking of certain information about them. However, its apparent conflicting nature vis-à-vis the right to freedom of speech and expression has created a hindrance in its acceptance and development across the world. This Article outlines the development of this right, traces the practical legal issues vis-à-vis the freedom of speech and expression that have arisen during its implementation, and proposes a test that may be helpful in overcoming this barrier. The article also examines the recognition of the right in the Indian context.
Open Access
Legal and Regulatory Issues of Privacy and Data Protection in E-Commerce and Social Transformation
(University of North Bengal, 2020-03) Rai, Sambhavna
The concept of Right to privacy with that of data protection has gained enormous attention over the years. With the technological advancement our society has witnessed transformation both good and bad in abundance. Talking about the social transformation it is pertinent to mention that traditional society abhorred privacy and there were hardly any data to be protected . But time changed and society valued their seclusion and preferred to be left alone without interference from other fellow human beings. With the mushrooming borderless technology people became even more conscious of their data and valued privacy unlike their forefather who abhorred it.
Open Access
Nature of self -awareness : privacy and beyond
(University of North Bengal, 2022-03) Sen, Sanchayaita
Open Access
Right to Housing and Indian Policy: A Story of Federal Structure Limitations
(University of North Bengal, 2024) Sharma, Sahansheela
A shelter and housing give an opportunity to an individual to live a life of dignity and privacy. The government since the time of independence segregated certain funds for housing and shelter. There are policies and laws of the government that supports the housing for all. But the main problem for the implementation of the housing policies is structure of federalism in India. In the paper the authors will assert that housing and shelter is a fundamental right in itself and needs a deeper protection from the state. Thereafter the author will look upon the status of shelter and housing in India and how federal structure impacted its development. The author will also attempt to understand the reason behind the lack of housing infrastructure in India and individually discuss these problems in the context of global development. Finally, attempt will be made to form a policy which will be suited to the Indian circumstances and enhance the housing infrastructure in India.
Open Access
Right to Privacy as a Fundamental Right in Absence of Express Statutory Provisions: A Critical Analysis of Justice K.S.Puttaswamy (Retd.) V. Union of India
(University of North Bengal, 2020-09) Misra, Bibhabasu
Inalienable rights are inherent in Human called as natural rights as for example “Right to privacy.” Positive law made by legislature regulate it according to States’ reasonable necessity. These limitations are mentioned in the Constitution itself. In India, right to privacy has been recently recognised by the Supreme Court. In India there was a bill related to Right to privacy. The judgments of the Court are mainly corrective in nature and enforceable by the Contempt of Courts Act, 1971 (Civil Contempt and Criminal Contempt.) or with the help of Article 142 and 144 of Indian constitution. In absence of specific legislation, we can read the right to privacy in statutes like IPC, CRPC, Easement, etc. If we file a petition under the Contempt of Courts Act, 1971; it will generate procedural difficulties, that is permission needs to be taken from Advocate General. Thus, corrective approach of the Court is only remedy in absence of express statutory provisions.
Open Access
Safeguarding Privacy in the Age of AI-Powered Legal Services: Navigating Data Protection Challenges and Ethical Imperatives
(University of North Bengal, 2024) Yadawa, Surendra Kumar; Singh, Sukhwinder
In the age of Artificial Intelligence (AI) and quantum computing, information is moving worldwide. No aspect of life is left untouched by it, the increasing use of Artificial Intelligence (AI) has raised concerns about privacy as well as data security among governments, industry and common people. The absence of legal coherence with the changing technological landscape has made the challenge even tougher. AI's transformative impact on judicial services necessitates balancing innovation with privacy, focusing on managing sensitive data, regulatory compliance, and ethical standards in AI-driven legal frameworks. This explores data protection challenges, and ethical imperatives in AI-powered legal services, emphasising privacy safeguards and regulatory compliance mechanisms. Integrating AI in legal services demands a comprehensive approach to address data privacy, security, and ethical considerations. In India, the evolving AI landscape emphasises the need for robust regulatory frameworks to ensure compliance with privacy concerns and mitigate risks. The complexity of AI systems necessitates transparency, accountability, and human oversight at every stage of development and deployment. Ethical imperatives, such as safeguarding user rights and maintaining public trust, are crucial. Indian experiences highlight a growing demand for legal frameworks that balance innovation with data protection, ensuring AI technologies serve justice without compromising privacy. This article advocates for active assessment of AI systems within the framework of existing laws, and calls for responsible innovation focused on AI applications and impacts and legal compliance of AI technologies in India, paving the way for a sustainable and privacy-focused approach to AI governance.