Author
Bhairav Acharya
28 items.
3 Jun 2016
Blog post
Criminal Defamation and the Supreme Court’s Loss of ReputationThe Supreme Court’s refusal, in Subramanian Swamy v. Union of India, to strike down the anachronistic colonial offence of criminal defamation is wrong. Criminalising defamation serves no legitimate public purpose; the vehicle of …
29 Nov 2015
Blog post
The Humpty-Dumpty Censorship of Television in IndiaThe Modi government’s attack on Sathiyam TV is another manifestation of the Indian state’s paranoia of the medium of film and television, and consequently, the irrational controlling impulse of the law.
27 Nov 2015
Blog post
The Short-lived Adventure of India’s Encryption PolicyWritten for the Berkeley Information Privacy Law Association (BIPLA).
18 Jul 2015
Blog post
Privacy, Autonomy, and Sexual Choice: The Common Law Recognition of HomosexualityIn the last few decades, all major common law jurisdictions have decriminalised non-procreative sex – oral and anal sex (sodomy) – to allow private, consensual, and non-commercial homosexual intercourse.
14 Jul 2015
Blog post
Net Neutrality and the Law of Common CarriageNet neutrality makes strange bedfellows. It links the truck operators that dominate India’s highways, such as those that carry vegetables from rural markets to cities, and Internet service providers which perform a more technologically …
13 Jul 2015
Blog post
Free Speech Policy in India: Community, Custom, Censorship, and the Future of Internet RegulationThis note summarises my panel contribution to the conference on Freedom of Expression in a Digital Age at New Delhi on 21 April 2015, which was organised by the Observer Research Foundation (ORF) and the Centre for Internet and Society …
30 May 2015
Blog post
The Four Parts of Privacy in IndiaPrivacy enjoys an abundance of meanings. It is claimed in diverse situations every day by everyone against other people, society and the state.
30 May 2015
Blog post
Mastering the Art of Keeping Indians Under SurveillanceIn its first year in office, the National Democratic Alliance government has been notably silent on the large-scale surveillance projects it has inherited. This ended last week amidst reports the government is hastening to complete the …
29 Dec 2014
Blog post
Locating Constructs of Privacy within Classical Hindu LawThis white paper seeks to locate privacy in Classical Hindu Law, and by doing so, displace the notion that privacy is an inherently ‘Western’ concept that is the product of a modernist legal system.
14 Dec 2014
Blog post
Identifying Aspects of Privacy in Islamic LawThis white paper seeks to identify aspects of privacy in Islamic Law and demonstrate that the notion of privacy was recognized and protected in traditional Islamic law.
30 Sep 2014
Blog post
Anvar v. Basheer and the New (Old) Law of Electronic EvidenceThe Supreme Court of India revised the law on electronic evidence. The judgment will have an impact on the manner in which wiretap tapes are brought before a court.
14 Sep 2014
Blog post
Roundtable on Indian Privacy Law and PolicyThis event was hosted by the Centre for Law and Development of the National University of Advanced Legal Studies (NUALS) in Kochi. It was attended by members of the faculty of NUALS, some students from the 2nd year, 3rd year, 4th year, and …
20 May 2014
Blog post
Legislating for Privacy - Part IIApart from the conflation of commercial data protection and privacy, the right to privacy bill has ill-informed and poorly drafted provisions to regulate surveillance.
15 Apr 2014
Blog post
Privacy Law in India: A Muddled Field - IThe absence of a statute expressing the legislative will of a democracy to forge a common understanding of privacy is a matter of concern, says BHAIRAV ACHARYA in the first of a two part series.
25 Feb 2014
Blog post
Open Call for Comments: The Privacy Protection Bill 2013 drafted by the Centre for Internet and SocietyThe Centre for Internet and Society is announcing an Open Call for Comments to the CIS Privacy Protection Bill 2013.
9 Oct 2013
Blog post
Re: The Human DNA Profiling Bill, 2012This short note speaks to legal issues arising from the proposed Human DNA Profiling Bill, 2012 ("DBT Bill") that was circulated drafted under the aegis of the Department of Biotechnology of the Ministry of Science and Technology, …
9 Oct 2013
Blog post
Concerns Regarding DNA LawRecently, a long government process to draft a law to permit the collection, processing, profiling, use and storage of human DNA is nearing conclusion. There are several concerns with this government effort. Below, we present broad-level …
30 Sep 2013
Blog post
Privacy (Protection) Bill, 2013: Updated Third DraftThe Centre for Internet and Society has been researching privacy in India since 2010 with the objective of raising public awareness around privacy, completing in depth research, and driving a privacy legislation in India. As part of this …
30 Sep 2013
Blog post
An Analysis of the Cases Filed under Section 46 of the Information Technology Act, 2000 for Adjudication in the State of MaharashtraThis is a brief review of some of the cases related to privacy filed under section 46 of the Information Technology Act, 2000 ("the Act") seeking adjudication for alleged contraventions of the Act in the State of Maharashtra.
25 Sep 2013
Blog post
The National Cyber Security Policy: Not a Real PolicyCyber security in India is still a nascent field without an organised law and policy framework. Several actors participate in and are affected by India's still inchoate cyber security regime. The National Cyber Security Policy (NCSP) …
19 Sep 2013
Blog post
The National Privacy Roundtable MeetingsThe Centre for Internet & Society ("CIS"), the Federation of Indian Chambers of Commerce and Industry ("FICCI"), the Data Security Council of India ("DSCI") and Privacy International are, in partnership, conducting a series of national …
19 Sep 2013
Blog post
The Central Monitoring System: Some Questions to be Raised in ParliamentThe following are some model questions to be raised in the Parliament regarding the lack of transparency in the central monitoring system.
12 Jul 2013
Blog post
India:Privacy in PerilThe danger of mass surveillance in India is for real. The absence of a regulating law is damning for Indians who want to protect their privacy against the juggernaut of state and private surveillance.
31 Mar 2013
Blog post
Comments on the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011Bhairav Acharya on behalf of the Centre for Internet and Society prepared the following comments on the Sensitive Personal Data Rules. These were submitted to the Committee on Subordinate Legislation of the 15th Lok Sabha.
31 Mar 2013
Blog post
Comments on the Information Technology (Guidelines for Cyber Cafe) Rules, 2011Bhairav Acharya on behalf of the Centre for Internet and Society submitted the following comments on the Information Technology (Guidelines for Cyber Cafe Rules), 2011.
31 Mar 2013
Blog post
Comments on the Information Technology (Electronic Service Delivery) Rules, 2011Bhairav Acharya on behalf of the Centre for Internet and Society prepared the following comments on the Information Technology (Electronic Services Delivery) Rules, 2011. These were submitted to the Committee on Subordinate Legislation of …
26 Mar 2013
Blog post
The Privacy (Protection) Bill 2013: A Citizen's DraftThe Centre for Internet and Society has been researching privacy in India since 2010 with the objective of raising public awareness around privacy, completing in depth research, and driving a privacy legislation in India. As part of this …
3 Dec 2012
Blog post
Comments on the Proposed Rule 138A of the Central Motor Vehicle Rules, 1989 Concerning Radio Frequency Identification TagsThe Centre for Internet & Society gave its comments on the proposed Rule 138A of the Central Motor Vehicle Rules, 1989. The comments were made in response to Notification GSR 738(E) published in the Gazette of India on October 3, 2012.