Search results

Introduction: As Internet usage increases, so does widespread concern about surveillance and privacy. While most of the research primarily focuses on a particular digital setting, these problems cut beyond national boundaries and impact economies everywhere.

Purpose: This study critically analyses the Data Protection Bill 2019’s effectiveness within the context of surveillance and privacy in India’s digital economy. Investigating critical provisions of the bill, comparing it to international privacy laws and standards, and identifying potential gaps and weaknesses, this study provides insights into the bill’s ability to protect personal data and limit surveillance practices.

Methodology: The chapter is based on secondary sources of data, including academic articles, government reports, and news articles on the topics of surveillance, privacy, and the Data Protection Bill 2019 in India, involving content and critical discourse analyses.

Findings: The Data Protection Bill 2019 evaluation reveals a set of provisions with the overarching intent to safeguard citizens’ privacy worldwide and curtail undue surveillance practices exercised by both governmental bodies and private enterprises. Intricately delineates the entitlements of individuals concerning their data, encompassing vital aspects such as the right to access, rectify, and erase their data, the bill mandates stringent adherence to the principle of explicit consent when collecting and processing personal data.

Nevertheless, a comprehensive analysis also reveals several gaps and constraints inherent in the bill’s framework. One such area is the inclusion of exemptions for governmental entities, an aspect that raises international concerns regarding potential disparities in data protection practices.

This chapter examines technology-facilitated violence from the perspective of international human rights law. It explores current research relating to technology-facilitated violence and then highlights the international human rights instruments that are triggered by the various forms of such violence. Ultimately, it focuses upon international human rights to privacy and to freedom from violence (especially gender-based violence) and the obligations on State and Nonstate actors to address violations of these rights. It argues that adoption of a human rights perspective on technology-facilitated violence better enables us to hold State and Nonstate actors to account in finding meaningful ways to address violence in all of its forms.

After considering the material before me, I have formed the opinion that it shall be permitted for the petitioner to examine the file under scrutiny. Deliberation on the case did not take place behind closed doors and there is no lawful prohibition to the examination…in addition I accept the position of the respondent, according to which in spite of the fact that a large portion of the details of the affair were published in the judgment…the file contains material whose revelation can cause unnecessary harm to the central witness…the examination considered will be contingent on an undertaking in writing…according to which the petitioner will not publicize anything that will damage the privacy of the victims and their families beyond the damage that already occurred by the court judgment. (Decision of magistrate Yigaal Marzel, 2006 in the matter of C.A 125/50 Yaakobowitz v. Attorney General)

Some researchers consider most social media communications as public, and posts from networks such as Twitter are routinely harvested and published without anonymization and without direct consent from users. In this chapter, we argue that researchers must move beyond the permissions granted by ‘legal’ accounts of the use of these new forms of data (e.g., Terms and Conditions) to a more nuanced and reflexive ethical approach that puts user expectations, safety, and privacy rights center stage. Through two projects, we present qualitative and quantitative data that illustrate social media users’ views on the use of their data by researchers. Over four in five report expecting to be asked for their consent and nine in ten expect anonymity ahead of publication of their Twitter posts. Given the unique nature of this online public environment and what we know about users’ views pertaining to informed consent, anonymity, and harm, we conclude researchers seeking to embark on social media research should conduct a risk assessment to determine likely privacy infringement and potential user harm from publishing user content.

Potentially major shifts in privacy norms are taking place as a result of advances in genetic technologies. This chapter identifies a spillover effect in the form of the inadvertent emergence of new norms and introduces an original typology developed in response to these new norms regarding privacy. It focuses on the emerging practice of compelling access to genetic information of biologically related persons to gain information about a particular individual. This chapter highlights the recent practice in child lead paint poisoning cases in which defendants seek to discover medical and I.Q. records of biologically related non-parties to establish alternate genetic causation of low I.Q. It concludes that greater attention should be given to the spillover effect and the emergence of shadow norms.

This chapter examines the shifting significance of data ownership and athlete rights as they pertain to the growth and expansion of the global sports gambling industry. It provides a nuanced overview of the ‘datafication’ of society, tracing how the omnipresent embrace of digital technologies has expediated new forms of organisational, political and corporate surveillance from which concerns over privacy, rights to ownership and the misuse of personal data arise. The chapter moves on to discuss how the extraction and trade of data has revolutionised how elite sport is performed, manufactured, broadcast and consumed, shedding critical light on the role of the gambling industry in the exchange of human data as a market commodity. These insights inform a series of socio-legal and ethical questions about the relationships between athlete data and the sports gambling industry for the purpose of signposting emerging issues and opportunities for critical sociological research and intervention.

When the editors suggested that I write something on “access”, “intrusion”, “risk of violation of privacy”, based on my own experience and work, I was at a complete loss for how to respond. To me, these kinds of questions should not even come up. If it comes to a point where an interview or observation involves what the participant perceives as an intrusion or infringement on privacy, or when maybe unexpectedly there occurs a violation of confidentiality, my first reaction would be to find out what I had done wrong and examine my own basic principles and actions in the situation. Each human interaction is a two-way affair, and the researcher/evaluator has generally many more responsibilities in it than the participant.

Relative to other industries, hospitality organizations tend to be labor intensive, employing large numbers of individuals in hotels, resorts, restaurants, and other related enterprises. There has been long-standing debate between the rights of worker personal privacy and the need for employers to know information concerning prospective and current employees. This article presents an evolution of employment relationships in the hospitality industry to demonstrate the complex nature of employment from legal, moral, and ethical perspectives that exists at the current time. It provides discussion of the balance between the rights of individuals and employers’ “need to know” private information to draw conclusions and suggestions for practicing hospitality human resource managers.