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Showing posts with the label RULING

First Strike at Digital Permanence: Right to be Forgotten

  In 2020, the High Court of Orissa examined the right of a rape victim to be forgotten from the internet, where the court stated, “…information in the public domain is like toothpaste, once it is out of the tube one can’t get it back in and once the information is in the public domain it will never go away” [1] In a time driven by technology, where information about ‘everybody’ is at the tip of fingers, imagine having consent and control over ‘how much information’ and ‘what kind of information’ any third-party witness about you. In an era of digital permanence, having an unsaid gem in your fundamental right that helps you remove any trace, subject to restrictions, of you from the internet. That right is, RIGHT TO BE FORGOTTEN. Right to be forgotten (RTBF) allows individuals (data subjects) to request that their personal information be removed from the Internet (not show up in search engine searches), and seeks to give individual’s increased control over their personal infor...

AN OVERVIEW OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021

  ABSTRACT As society is advancing and progressing towards the advancement of technology, we are dwelling upon different kinds of new technologies. With the coming of new technologies, there have been various concerns about the usage of these technologies in accordance with the laws of the land, the misuse of these technologies and its attempt by law to check such kind of arbitrary use. In this era of surveillance, there are many issues concerning privacy because of the technology that we use. The Indian Government has laid down the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, especially in the backdrop of recent controversies that have erupted concerning OTT platforms to check the arbitrary use of cyber technology and establish a mechanism to deal with the cyber issues. The OTT platforms were not covered under the old legislation. The amended rule includes both social media platforms and OTT platforms under the ambit of the Ministry...