Constitutional Limits on Surveillance: Associational Freedom in the Age of Data Hoarding

Desai, Deven R.

doi:10.2139/ssrn.2404782

Cited by 4 publications

(3 citation statements)

References 6 publications

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“…The authors argue that privacy concerns shouldn't be dealt with as an afterthought when creating new technologies and business models, but rather should be factored in from the get-go. Additionally, [5] discusses the individual's right to privacy in light of police investigations. In doing so, however, he focuses more on "forward looking" and "backward looking" surveillance techniques.…”

Section: Review Literaturementioning

confidence: 99%

An Analysis of the Laws Concerning Digital Privacy

ANIL KUMAR et al.

2023

RLJ

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Both data protection and privacy are crucial components of internet governance. The Data Protection Act is a piece of legislation designed to safeguard individuals' privacy rights. One definition of privacy is the individual's right to manage and disseminate his or her own private information and data in accordance with his or her own goals and values. Numerous judicial decisions in India have elevated the right to privacy to the status of a fundamental right, and statutes have further codified the right as a legal one. The term "internet privacy" can refer to a wide range of issues and debates. The term can refer to both the rights an individual has to control their personal information and the infringements on those rights that occur when that information is transmitted over the Internet. The ever-changing nature of the internet has resulted in a never-ending slew of new privacy-related concerns and problems. Privacy protection in the digital sphere is crucial in the modern world because of the importance of safeguarding our personal information, financial data, sensitive information, online activity, and fundamental rights. To continue reaping the benefits of technological advancements without jeopardising our safety or giving up control of our personal information, it is crucial for individuals, businesses, and governments to take action to protect digital privacy. “The Personal Data Protection Bill, 2019 was introduced in the Lok Sabha on December 11, 2019, by Minister of Electronics and Information Technology Ravi Kumar”. In India, this occurred. The bill's stated goals include, first and foremost, the protection of personally identifiable information, and secondly, the creation of a Data Protection Authority to oversee that protection. This study aims to to examine views of Indian citizens regarding laws concerning digital privacy. For the sake of justification, total 240 respondents has taken through questionnaire by applying 5 point likert scale.

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Section: Review Literaturementioning

confidence: 99%

An Analysis of the Laws Concerning Digital Privacy

ANIL KUMAR et al.

2023

RLJ

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“…How privacy is valued is dynamic, contextual and culturally sensitive, as is ethics. Moreover, technology and privacy can be regarded as 2 sides of the same coin [ (2) Desai, 2015 ; Towards Common European Data Spaces - EU Digital Policy Interview // CSBXL20 – YouTube, n.d. ].…”

Section: Technologies Of Abundancementioning

confidence: 99%

Abundance and Equality

Kop

2022

Front. Res. Metr. Anal.

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The technology driven post-scarcity society is upon us. Ubiquitous technologies are eradicating scarcity in many industries. These macroscopic system trends are causing our economy to transition from relative scarcity to relative abundance. For many people in the world however, in both developed, developing, and underdeveloped countries, the notion of an Age of Abundance will sound utterly bizarre. There is a tension between abundance and equality. Good governance considers in what manner the state conducts public policy, manages public resources and promotes overall prosperity. This chapter connects good governance to the end of scarcity and integrates equality into abundance. The chapter critically examines the normative justifications of our scarcity based legal institutions, such as property and intellectual property (IP) systems, in light of 10 exponential, Fourth Industrial Revolution (4IR) technologies, and the post-scarcity economy. Starting point is that absolute and relative abundance are not utopian. Technology will erase scarcity in more and more economic areas in the foreseeable future, but not everywhere or for everybody. The chapter views relative scarcity and relative abundance as temporal socio-economic categories at two opposite sides of a continuum. The chapter unifies good governance with equality and abundance, by introducing a post-Rawlsian Equal Relative Abundance (ERA) principle of distributive justice. This includes defining a set of material and immaterial primary goods, warranting adequate, sufficient levels of relative abundance (which depend on technological evolution), and equitable results per region or group. Crucially, ERA integrates desert-based principles to the degree that some may deserve a higher level of material goods because of inequality in contributions, i.e., their hard work, talent, luck or entrepreneurial spirit, only to the extent that their unequal rewards do also function to improve the position of the least advantaged. A society governed by the ERA principle should in theory be able to solve the poverty trap on a global level. As lifting people from poverty in Europe is a different thing than achieving ERA in the US, applying equal relative abundance techniques in Asia and Africa each have their own specific challenges and dimensions.

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“…Since digital data stored by telecom operators make it possible to disclose a person's life (e.g., day-to-day routs, places of purchases, list of calls, etc. ), researchers ISBN: 978-989-8704-30-6 © 2021 pay attention to both legality of mass surveillance as whole (Golubok, 2015) and interception of data relevant to particular person (Desai, 2014). In European literature, mass surveillance on the Internet is widely discussed due to the adoption of landmark decisions on this issue by the European Court of Human Rights and the Court of Justice of the European Union (Rusinova, 2018).…”

Section: Literature Reviewmentioning

confidence: 99%

Legal Personality of Individuals in the System of Digital Relations: Scientific Understanding and Legal Regulation in Russia

2021

Proceedings 14th International Conference on ICT, Society and Human Beings (ICT 2021), the 18th International Conference Web Ba

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The essence of many social relations transferred from the real world to the virtual one is changed radically due to rapid development of ICT. Legislative framework of digital relations cannot get in time with digital innovations and occurs with a significant time lag. In recent years the Russian Parliament enacted dozens of bills targeted to Information Policy, Software and Communications, but the Russian Digital legislation still stays fragmented and unsystematic. It is especially clear in the context of legal personality of Natural Persons and other participants of digital relations. The purpose of the publication is to integrate general legal approach with specific features of digital law and determine the legal personality of individuals as a basic point of legal regulations in the digital sphere. The research methodology is based on doctrinal analysis, comparative legal and legal-technical approaches to research of texts of laws and regulations. The article analyzes the phenomenon of legal personality of participants in digital relations, Russian and foreign legal experience. According to the author, the lack of comprehensive solutions and well-formed approaches to regulations of digital relations has long-term negative consequences. He sees the comprehensive solution to relevant problems in the united legislative act (Digital Code) aimed to common and system regulation of digital relations. Digital rights and obligations of Internet users should be legally linked, first of all, with the age and civil status of a person. At the level of laws, it is necessary to determine the requirements for identification of Internet users, the relevant criteria and procedures, to set up the system for protecting personal information and calculated data that allows identifying the person. The solution of these tasks is impossible without basic legal solutions, including the requirements for legal personality.

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Constitutional Limits on Surveillance: Associational Freedom in the Age of Data Hoarding

Cited by 4 publications

References 6 publications

An Analysis of the Laws Concerning Digital Privacy

An Analysis of the Laws Concerning Digital Privacy

Abundance and Equality

Legal Personality of Individuals in the System of Digital Relations: Scientific Understanding and Legal Regulation in Russia

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