Blogs by CCG NLU Delhi

No Interim Relief in Petition Seeking Stay on Mandatory Aadhaar – For Now

by CCG NLU Delhi on in Technology, Media & Telecommunications
The fresh petition challenging the constitutionality of the Aadhaar Act ( Shantha Sinha v. Union of India) came up for hearing before the Supreme Court today. While this petition has been tagged with the main bunch of petitions challenging the Aadhaar scheme, it also seeks urgent interim relief by w...

Supreme Court Upholds Law Linking Aadhaar With PAN

by CCG NLU Delhi on in Technology, Media & Telecommunications
The Supreme Court delivered its judgment in the constitutional challenge to Section 139AA of the Income Tax Act today. Brought in by way of an amendment in April this year, this provision made it mandatory for all taxpayers to quote their Aadhaar number when applying for a Permanent Account Number (...

Decoding Privacy Policies – Uber

by CCG NLU Delhi on in Technology, Media & Telecommunications
‘I have read and agree to the terms’ is commonly regarded as one of the biggest lies on the Internet. In 2014, a company called F-Secure put this to test and set up a free Wi-Fi hotspot in London. One of the terms for accessing the Wi-Fi was for users to assign their firstborn child to the company f...
The hearing in the petition challenging WhatsApp’s privacy policy continued today. Arguments made during the course of yesterday’s proceedings can be accessed here . Before the respondents could resume their arguments on maintainability, the Additional Solicitor General made a brief representation o...

Supreme Court Hears Fresh Challenge to Aadhaar

by CCG NLU Delhi on in Technology, Media & Telecommunications
Yesterday, a new petition challenging several sections under the Aadhaar Act came up for hearing before a two-judge bench of the Supreme Court. The bench, comprising of Justices A.K. Sikri and Ashok Bhushan, was the same that heard the petitions challenging s. 139AA of the Income Tax Act, which made...

Linking PAN with Aadhaar – Update from the Supreme Court Hearing (Day – VI)

by CCG NLU Delhi on in Technology, Media & Telecommunications
The arguments in the writ petition challenging the vires of Section 139AA of the Income Tax Act continued for the sixth (and final) day today. The counsel for Mr. Binoy Viswam continued his rejoinder submissions today. A summary of arguments made over the last five days can be found here . During th...

WhatsApp-Facebook Data Sharing: Deadlock Over Issues

by CCG NLU Delhi on in Technology, Media & Telecommunications
The petition filed against the Delhi High Court’s ruling on the challenge to WhatsApp’s privacy policy was heard by a bench of five judges of the Supreme Court last week. This decision upheld the updated policy, subject to a few restrictions. At the last hearing , the Court had directed the petition...

Linking PAN with Aadhaar – Updates from the Supreme Court (Day V)

by CCG NLU Delhi on in Technology, Media & Telecommunications
The arguments in the case challenging the constitutionality of s. 139AA of the Income Tax Act (IT Act) continued for the fifth day today. Summaries of arguments advanced on the first four days can be accessed here . Today, the Central Government concluded its submissions and the petitioners commence...

Linking PAN with Aadhaar – Update from the Supreme Court Hearing (Day – IV)

by CCG NLU Delhi on in Technology, Media & Telecommunications
The arguments in the writ petition challenging the constitutionality of Section 139AA of the Income Tax Act (IT Act) continued for the fourth day today. This provision mandates individuals to link their Permanent Account Number (PAN) with their 12 digit unique number, Aadhaar on or before 1 July 201...

Linking PAN with Aadhaar – Update from the Supreme Court Hearing (Day – III)

by CCG NLU Delhi on in Technology, Media & Telecommunications
In the on-going case challenging the constitutionality of Section 139AA of the Income Tax Act (‘IT Act’), the petitioners concluded their arguments today. Our coverage of the arguments made over the last two days can be found here and here . Today, the petitioners’ counsel elaborated on the concept ...

Linking PAN with Aadhaar – Update from the Supreme Court Hearing (Day – II)

by CCG NLU Delhi on in Technology, Media & Telecommunications
The petitioners resumed their arguments in the case challenging the constitutionality of Section 139AA of the Income Tax Act (‘IT Act’). This provision mandates individuals to link their Permanent Account Numbers (PAN) with their Aadhaar number. The background to the case and our report from yesterd...

Linking PAN with Aadhaar – Update from the Supreme Court Hearing

by CCG NLU Delhi on in Technology, Media & Telecommunications
The petitions challenging the constitutionality of Section 139AA of the Income Tax Act (‘IT Act’) came up for hearing before the Supreme Court today. Section 139AA makes it mandatory for individuals to quote their Aadhaar number when applying for a Permanent Account Number (PAN) as well as to file i...

How (not) to get away with murder: Reviewing Facebook’s live streaming guidelines

by CCG NLU Delhi on in Technology, Media & Telecommunications
Introduction The recent shooting in Cleveland live streamed on Facebook has brought the social media company’s regulatory responsibilities into question. Since the launch of Facebook Live in 2016, the service’s role in raising political awareness has been acknowledged. However, the service has also ...

Supreme Court hears the WhatsApp-Facebook Data Sharing Case

by CCG NLU Delhi on in Technology, Media & Telecommunications
The special leave petition against the Delhi High Court’s ruling upholding WhatsApp’s updated privacy policy came up for hearing before a bench of five judges today. This policy is contentious because it allows WhatsApp to share valuable personal information of its users, including phone numbers, co...

Reviewing the Law Commission’s latest hate speech recommendations

by CCG NLU Delhi on in Technology, Media & Telecommunications
Introduction The Law Commission has recently released a report on hate speech laws in India. The Supreme Court in Pravasi Bhalai vs. Union of India asked the Law Commission to recommend changes to existing hate speech laws, and to “define the term hate speech”. The report discusses the history of ha...

Censorship & certification – Outlining the CBFC’s role under law

by CCG NLU Delhi on in Technology, Media & Telecommunications
The Central Board of Film Certification (CBFC) functions as the primary body certifying films for public exhibition in India. It is guided by the Cinematograph Act, 1952, and various rules and guidelines in determining the nature of certification to be granted to a film. However, over the past few m...

Update from the Supreme Court hearing in the WhatsApp-Facebook Data Sharing Case

by CCG NLU Delhi on in Technology, Media & Telecommunications
In September last year, the Delhi High Court had upheld WhatsApp’s updated privacy policy, which allows it to share users’ personal information with its parent company, Facebook. Aggrieved by the Court’s decision, the petitioners approached the Supreme Court earlier this year. On 6th February, the S...

Is Your Aadhaar Number Confidential?*

by CCG NLU Delhi on in Technology, Media & Telecommunications
Earlier this week, an agency entrusted with enrolling individuals under the Aadhaar scheme inadvertently published Mahendra Singh Dhoni’s personal information online. When it was pointed out this amounted to a gross violation of privacy, the government released a statement confirming that such publi...

Law Enforcement Initiatives Towards Tackling Cyber Crime in India

by CCG NLU Delhi on in Technology, Media & Telecommunications
Cyber crime has been rising across India. This post reviews advancements in policing technologically advanced crimes and considers potential next steps. With rising instances of cybercrime being noted across the country, the need for vigilance in the cyber sphere has been highlighted by a number of ...

Transparency and Diversity in the 2017 MAG Renewal

by CCG NLU Delhi on in Technology, Media & Telecommunications
Two days before the ongoing MAG meeting, the 2017 MAG renewal was announced. The CSCG protested the lack of civil society representatives among the new MAG members. This brought back focus on the need for MAG reform. Our report on multistakeholderism had identified the lack of transparency and geogr...