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Privacy / Data Protection

BananaIP Counsels > Privacy / Data Protection

BananaIP’s Comments on the Draft Intermediary Rules, 2018

BANANAIP’S COMMENTS ON THE DRAFT INTERMEDIARY RULES, 2018

The Ministry of Electronics and Information Technology (MEITy) issued a notification on 24th December 2018 publishing the draft Information Technology (Intermediary Guidelines) Rules 2018 to replace the rules notified in 2011. The notification, published on the MEITy website, invited comments and suggestions on the draft rules. BananaIP has submitted its recommendations and suggestions to the Ministry, and awaits positive changes in the proposed rules. We appreciate the Ministry’s recognition of the widespread misuse of social media platform to spread fake news, and the Ministry’s resolve in drafting these rules to strengthen the legal framework to make intermediaries more accountable under the...

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Weekly Copyright News: Cinematograph Act Amendment, Facebook to Make Political Ads Transparent, No Removal of Explicit Streaming Content, EU Agrees on Copyrights, Fiji Counter-sues, and more

Cabinet Approves Cinematograph Amendment to Curb Piracy, Delhi HC Dismisses Plea Seeking Removal of Explicit Streaming Content, Facebook to Increase Transparency of Political Ads, Jeff Bezos Accuses National Enquirer of ‘Extortion and Blackmail’, EU Negotiates Agreement on Copyright Rules, ‘GTA V’ Cheats Cost Creator USD 150,000 in Damages, Fiji Water Counter-sues Viral Fiji Water Girl, PV Sindhu Signs Lucrative 50 Crore Deal with Chinese Sports Brand, McFarlane Toys Inks Deal for DC Superhero Toys, Kiss and Emoji Collaborate, BMG to License Music through SESAC in India, Copyright Tip of the Week, and more. Copyright Quote When you have wit of your own, it's a pleasure to credit other people for theirs. - Criss...

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Intermediaries, Marketplaces and Take Down Actions

Intermediaries, Marketplaces and Take Down Actions

My colleague, Ashwini Arun, brought an interesting post on Spicy IP on SareGama's take down notice to my attention. The post talks about take down of one of its articles, and may be read at: https://spicyip.com/2019/02/saregama-pa-rdon-me-you-have-the-wrong-address-on-the-perils-and-pitfalls-of-notice-and-takedown.html. It is unfortunate that SareGama decided to include an article from Spicy IP, renowned for its well-researched articles and contributions to IP discourse, in its Take Down list. I am assuming that the inclusion of the link by SareGama was an inadvertent act of one of its Take Down service providers, who automate most of the process and approach taking down links to infringing...

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Weekly Copyright News: Facebook to Share Chats with Police, Artist Sues Ariana Grande, ‘Fiji Water Girl’ Suit, and more

Facebook to Provide User Chat Details for Sensitive Cases to Delhi Police, MEITy Invites Counter Comments on Draft Intermediary Rules, Vegas Artist Sues Ariana Grande for Using Art in Music Video, Creators of Netflix’s ‘Wild Wild Country’ Sued for Copyright Infringement, ‘Fiji Water Girl’ Sues Fiji Water for Unauthorised Use of Images, Spotify in Talks to Acquire Gimlet, TikTok and Sony Collaborate to Promote Thriller ‘Escape Room’ Copyright Quote The Copyright Bargain is a balance between protection for the artist and rights for the consumer. Robin Gross Copyright Statistics There is an increase of 14% in the total number of copyright applications filed last week as compared to the previous week....

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Planning the right privacy policy for you and your visitors

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First Publication Date: 4th February 2008 Over the past few months, demands for increased privacy regulation have taken center stage as increasingly private transactions move to the Internet. According to The New York Times, the Clinton Administration plans to impose privacy regulations on health care information in the waning weeks of his presidential term. Companies are faced with renewed pressure to update privacy policies as tracking technologies change and consumer concern grows. Privacy policies are not generic and must be tailored to the industry and to the activities promoted at the Web site. Nonetheless, there are certain basic principles that all policies...

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THE CONSENSUAL IS NO LONGER CRIMINAL

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We’re fundamentally an Intellectual Property resource. However, we believe the verdict in question here, striking down Section 377, is a historic moment in our vast legal landscape, and thus worthy of mention. Further, this verdict has implications on privacy laws, and hopefully on a societal outlook that will spur changes in a multitude of other areas of law, many of which are yet to be analyzed in this specific respect. On September 6th, 2018, the Supreme Court of India struck down parts of Section 377 of the Indian Penal Code, largely on the basis of the 2017 Supreme Court decision in...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 5

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Full text of the proposed bill can be accessed here. Penalties and Compensation A data principal who has suffered harm due to any violation of this Bill (or its rules and regulations), by a data fiduciary or a data processor, has the right to seek compensation from the party at fault. The data processor is only liable where it has acted negligently, acted outside or contrary to the instructions of the data fiduciary, not incorporated adequate security safeguards, or violated specifically applicable provisions of the Bill. In case of breach of the following obligations, the data fiduciary may be liable for penalty up...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 4

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Full text of the proposed bill can be accessed here. Data Localization This is one of the more stringent requirements of the Bill, and distinguishes it from data protection laws in other jurisdictions. The Bill requires certain categories of personal data, which the central government may notify as critical personal data, to be processed only through servers or data centers located within India (See Section 40). However, this obligation is not absolute, and allows for transfer of certain personal data under limited circumstances, as discussed below. Personal data, except sensitive personal data, may be transferred outside India under the following conditions: the transfer is made...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 3

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Full text of the proposed bill can be accessed here. Transparency and accountability measures Privacy by Design The Data fiduciary is obligated to implement policies and measures to ensure that: Practices and systems are designed to anticipate, identify and avoid harm to the data principal; Data protection obligations are embedded in organizational and business practices; Technology used in the processing of personal data is in accordance with commercially accepted or certified standards; Legitimate interest of business is achieved without compromising privacy interest; Privacy is protected during entire processing of the personal data; Processing of personal data is carried out in a transparent manner;...

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SALIENT FEATURES OF PERSONAL DATA PROTECTION BILL, 2018 (INDIA) – PART 2

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Full text of the proposed bill can be accessed here. Rights of Data Principal The Bill provides the following important rights to the data principal: Right to confirmation and access: Data principal may obtain the following information from the data fiduciary: Confirmation whether the data fiduciary is processing its personal data, Summary of the personal data processed by the data fiduciary, and Summary of processing activities undertaken by the data fiduciary with respect to its personal data. The Data fiduciary is obligated to provide the information asked by the data principal in a clear and concise manner (See Section 24). Right to correction:...

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