Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Thursday, October 7, 2010

The Impact of the Indian Information Technology (Amendment) Act, 2008 On Online Privacy

Apar Gupta, Amity Law School & Columbia Law School, has published Balancing Online Privacy in India at 6 Indian Journal of Law and Technology 43 (2010). Here is the abstract.
There have been disturbing press reports and articles on the Information Technology (Amendment) Act, 2008. These accounts broadly wallow about the increase in the police powers of the state. They contend that the amendment grants legal sanction to online surveillance inexorably whittling down internet privacy. This article seeks to examine this prevalent notion. It discovers that legal provisions for online surveillance, monitoring and identification of data have been inserted in a narrow and defined class of circumstances governed by tenuous procedures. At first glance it may seem that these procedures and safeguards by themselves increase the right to privacy. However, on a deeper study it is revealed that they are found wanting due to the nature of internet communications. The article takes a comprehensive look at the state of online privacy in India arising out of the Information Technology Act, 2000.

Download the article from SSRN at the link.

https://lawprofessors.typepad.com/media_law_prof_blog/2010/10/the-impact-of-the-indian-information-technology-amendment-act-2008-on-online-privacy.html

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