Author: Krishnesh Bapat

2 January 2024

The Supreme Court’s Article 370 Judgment: On Representative Democracy – A Comparison with Miller 1

Supreme Court of India has chosen to defer to the executive, despite the constitutional requirement of involving the direct representatives of people of J & K.

Categories Federalism/Supreme Court

25 November 2023

Data Protection – If its public, its not personal #3

Section 3 of Digital Personal Data Protection Act excludes from its scope any personal data in public domain. This post points out that this undermines privacy.

Categories Data Protection/Technology Law

14 September 2023

Data Protection – DPDPA casts a wide net #2

In this second post in the series of India’s data protection legislation, I examine the territorial scope of the act.

Categories Data Protection/Technology Law

12 August 2023

Data Protection – Overview of DPDPA, 2023 #1

First post in a series on the Digital Personal Data Protection Act, 2023. In this post, I discuss the Good, the Bad and the Ugly of this significant legislation.

Categories Data Protection

24 July 2023

Monitoring Shutdowns – Kishtwar, Jammu & Kashmir (June 28, 2023) #3

Government of Jammu & Kashmir restricted internet services to 2G speeds in District Kishtwar on June 28. Unsurprisingly, the Confirmation Order raises more questions than answers.

Categories Monitoring Shutdowns

16 July 2023

Data Protection: The conspicuous omission of victim compensation in DPDPB, 2022

Central Government has discarded the provision which would have enabled data principals to seek compensation from fiduciaries. The Bill also proposes to omit Section 43A from the IT Act, 2000.

Categories Data Protection

7 July 2023

Ignoring grammar to undermine speech

The Karnataka High Court has upheld the practice of the Union Government to block accounts on Twitter without granting users a hearing.

Categories Intermediary Liability/Speech

28 June 2023

Monitoring Shutdowns – Kolhapur, Maharashtra (June 7, 2023) #2

Internet was suspended in Kolhapur on June 8 after protestors clashed with the police to demand action against those who praised Aurangzeb on social media.

Categories Monitoring Shutdowns

22 June 2023

Allahabad HC judicially censors a documentary

Al Jazeera’s documentary titled ‘India..who lit the fuse?’ has been temporarily banned without even examining its contents or hearing counsel for Al Jazeera.

Categories Right to Information/Speech

4 June 2023

Monitoring Shutdowns – Saharanpur, UP (May 29, 2023) #1

The internet was suspended on May 29th, 2023 at 4 PM, and it continued till at least, 4 PM on May 30th, 2023. Copy of the order is not available.

Categories Monitoring Shutdowns