“Even though there is some equivocation in our judgements, I am going to take the maximalist position and say that the ‘necessity’ has been defined as necessary in a democratic society, one that respects the privacy of communications,” said Prasanna S, an advocate, on whether the demand for traceability meets the Puttaswamy proportionality test. "In this case, the question would be whether in such a society, the state can effectively order and establish a regime where corporations and non-state entities aid and abet state surveillance." If traceability is challenged, the issue will be whether it's a vision compatible with a democratic society, he added. Prasanna S was speaking at MediaNama’s discussion on Intermediary Liability in Delhi on October 23. The discussion was conducted in partnership with Centre for Communications Governance at NLU Delhi, and with support from Google, Facebook, and Friedrich Naumann Foundation. There’s an argument to be made that the demand for traceability will not pass the Puttaswamy proportionality test, and there's an equally strong argument that it will, according to Sarvjeet Singh from CCG-NLU Delhi. After the Puttaswamy test of legitimate aim and suitability are passed, the necessity test determines if there's a means to achieve the goal that is less restrictive on the right. In the case of traceability, the question would be if there is a way for the government to get the data, without breaking end-to-end encryption, Singh said. “Some people are saying that because there’s no other way to get the information about who the originator was,…
- Microsoft Teams Premium to incorporate ChatGPT: 4 key take aways February 3, 2023
- Update: Supreme Court Asks Indian Govt to Produce Records Issued To ‘Block’ BBC Documentary February 3, 2023
- RTI: Nearly 5,000 URLs blocked under Section 69A in the first 10 months of 2022 February 3, 2023
- Budget 2023: Lower budget allocation for Smart Cities Mission this fiscal year February 3, 2023
- India’s largest retailer Reliance Retail to start accepting payments in digital rupee (e₹) February 3, 2023
MediaNama’s mission is to help build a digital ecosystem which is open, fair, global and competitive.
India's smartphone operating system BharOS has received much buzz in the media lately, but does it really merit this attention?
After using the Mapples app as his default navigation app for a week, Sarvesh draws a comparison between Google Maps and Mapples
The regulatory ambivalence around an instrument so essential to facilitate data exchange – the CM framework – is disconcerting for several reasons.
The provisions around grievance redressal in the Data Protection Bill "stands to be dangerously sparse and nugatory on various counts."
Please subscribe to MediaNama. Don't share prints and PDFs.
You May Also Like
Google has released a Google Travel Trends Report which states that branded budget hotel search queries grew 179% year over year (YOY) in India, in...
135 job openings in over 60 companies are listed at our free Digital and Mobile Job Board: If you’re looking for a job, or...
Twitter takes down tweets from MP, MLA, editor criticising handling of pandemic upon government request
By Aroon Deep and Aditya Chunduru You’re reading it here first: Twitter has complied with government requests to censor 52 tweets that mostly criticised...