Apar Gupta
Articles by Apar Gupta

The long saga of the data bill holds crucial lessons

The Digital Data Protection Bill, 2023, introduced in Parliament, deviates from recommendations and narrows protections for citizens.

The 2023 data bill expanded ministerial power on implementation “as may be prescribed”, provided vague and perpetual exemptions, without a regulatory authority for enforcement(Stock)
Published on Aug 04, 2023 09:50 PM IST

New telecom law must provide for basic rights

Any absence of constitutional values may further corporate profits and increase tele-connectivity, but hinder equitable access. Will citizens be safeguarded against censorship and surveillance?

Laws drafted by Parliament honour a formal arrangement of power between the citizen and the State; policymakers must maintain this balance and not let it tip in favour of the latter (Shutterstock)
Updated on Sep 14, 2022 09:15 PM IST
ByApar Gupta, Prateek Waghre and Anushka Jain

The issues with maximum data and minimum privacy

Since the privacy judgment five years ago, two evident trends have compromised the promise of privacy in the context of data protection and surveillance reforms.

There is complete unaccountability on any data-related issues for Aarogya Setu. (AP File Photo)
Published on Aug 26, 2022 10:17 AM IST

Innovation, free expression key for digital framework

A structural premise to examine is the existence of the “digital divide”. This hackneyed phrase cocoons the lived reality of discriminatory internet access.

An internet centre in Veerampattinam, Pondicherry.
Updated on Aug 14, 2020 05:48 AM IST
Hindustan Times, New Delhi | ByApar Gupta

Why there cannot be any national security without individual privacy | Analysis

NSO-Pegasus case: Set up an independent inquiry panel and conduct its proceedings transparently

The Pegasus spyware of the nso group can hack both iOS and Android devices by targeting vulnerabilities in the operating systems. It is capable of running in the background without the targeted user ever knowing about the hack(REUTERS)
Published on Nov 04, 2019 06:00 AM IST
ByApar Gupta

Analysis | Facial recognition will threaten individual liberty

The system is unreliable. Deploying it may institutionalise the discrimination of a diverse demographic of people

Being watched will become synonymous with being safe, only because of a constant, perpetual curfew on individual autonomy(Reuters file photo for representation)
Updated on Jul 26, 2019 09:11 PM IST
ByVidushi Marda and Apar Gupta

Lessons India can learn from Facebook scandals

If data scandals of this year have taught us anything, it is that profit follows trust of users which is earned by respecting their individual rights

Facebook’s internal emails reveal a governing philosophy of “data reciprocity” set out by none other than Mark Zuckerberg(Bloomberg)
Updated on Dec 26, 2018 09:59 AM IST
ByApar Gupta

There is no evidence that Internet shutdowns work

Extensive arguments have been made by many organisations and researchers, who have clearly established that Internet shutdowns, set a domino in motion that damages fundamental rights, the digital economy and in instances even public safety and order

The answer has been evasion as the central government till date has refused to provide any count or centralise a reporting and disclosure system(AFP)
Updated on Nov 12, 2018 05:30 PM IST
ByApar Gupta and Raman Jit Singh Chima

Supreme Court judgment travels far beyond Aadhaar debate

The Supreme Court declared the Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.

The petitioners were arguing for the Supreme Court to restore power to the people.(AP Photo)
Published on Sep 26, 2018 11:04 PM IST
ByApar Gupta

Opinion | Draft of Data Protection Bill more an uneasy compromise than a clear commitment

A committee headed by former Supreme Court judge BN Srikrishna submitted its recommendations and a draft law titled the Personal Data Protection Bill, 2018, on Friday.

Union law minister Ravi Shankar Prasad accepts a report on 'Data Protection Framework' from justice BN Srikrishna in New Delhi on July 27.(PTI Photo)
Updated on Jul 28, 2018 10:07 AM IST
ByApar Gupta

The SC order on Delhi will lead to further litigations

At the root of this problem was the interpretation of Article 239AA. A textual, conservative interpretation reserved greater power for the LG far beyond the reserved subjects, which remained under central control.

Lieutenant Governor of Delhi, Anil Baijal, and Delhi Chief Minister Arvind Kejriwal. The Supreme Court in its judgment on Delhi’s statehood preferred a purposive interpretation, which carries forth the constitutional values of democratic control. It reasons that the people of Delhi deserve to have a say on how the city functions through its State Assembly.(PTI)
Updated on Jul 06, 2018 11:45 PM IST
ByApar Gupta

Death penalty for minor rape is a legislative scarecrow

Any legislative measure underpins a policy decision, an objective, which the law seeks to achieve. A severe penalty and swift timelines build insincere expectations of justice.

A candlelight protest rally demanding justice for the Kathua minor rape victim, Kolkata, April 14, 2018(Hindustan Times)
Updated on May 02, 2018 05:12 PM IST
ByApar Gupta
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