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#NAMA: Does traceability meet the Puttaswamy test? What kind of procedural safeguards do we need?

“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…

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