Right to Privacy in the Digital Age: Submissions to UN OHCHR Resolution 48/4
The UN Office of the High Commissioner for Human Rights (OHCHR) had passed Resolution 48/4, in November 2021, on the issue of the right to privacy and the challenges it faces in the growing digital world. Following that resolution, the OHCHR solicited inputs from practitioners, civil society members, researchers, and other stakeholders for its thematic report on the same issue. The Centre for Applied Law & Technology Research has made this submission covering the Indian landscape. The submission covers four broad issues – first, the challenges regarding children’s privacy in India and how far the proposed PDP Bill will address these; second, the limitations of notice-and-consent frameworks in the tech age, which have traditionally been used to safeguard individual privacy and informational autonomy; third the risks of arbitrary use of facial recognition (FRT) by Indian law enforcement; and lastly, targeted surveillance using emerging technologies.
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About the Authors
Ameen was a Senior Resident Fellow at Vidhi, and led the Centre for Applied Law and Technology Research (ALTR). His interest and research focus lies in AI ethics, and the governance of AI. Within ALTR, he has been leading the team's collaborative research on data trusts, and artificial intelligence. Ameen has also worked on the intersection of technology and the justice system, as a senior fellow working on the JALDI mission's engagement with the Supreme Court of India's AI and E-Courts' committees. Ameen has a formal educational background in social research methods and evidence-based policy. He completed his master’s programme from the Institute of Education (University College London), focusing on the use of research evidence in policy processes, and was awarded an MSc. with an overall distinction. Before this, he completed his undergraduate legal studies from the W.B. National University of Juridical Sciences [B.A. LL.B. (Hons.)] in 2012. Prior to Vidhi, Ameen worked at J. Sagar Associates, in the firm’s regulatory and policy team. He has practised in the Supreme Court of India, the Delhi High Court, and numerous tribunals.
Jai is a Senior Resident Fellow at the Centre for Applied Law and Technology Research (ALTR) at Vidhi. Her work focuses on the economics of platforms and its implications for regulation. Jai has previously worked at IT for Change and the National Institute for Public Finance and Policy (NIPFP) in the areas of fintech, cryptocurrency, data commons, platforms and digital trade. Jai completed a Master of Public Policy from the University of Oxford.
Trishee Goyal was a Research Fellow with ALTR. She has previously worked with the Technology Policy team of the Macro Finance Group at National Institute of Public Finance and Policy, New Delhi for a period of three years. Trishee graduated from National Law School of India University, in 2014, with a B.A. LLB (Hons.). Her research interests are technology policy and regulatory governance.
Dhruv was a Research Fellow with the Centre for Applied Law and Technology Research at Vidhi. He is interested in the interplay between law, technology and civil liberties. He graduated from the NALSAR University of Law, Hyderabad in 2019. Prior to joining Vidhi, he worked with Majmudar & Partners, Mumbai and has interned with the Centre for Communication Governance, NLU-Delhi, and the Centre for Internet and Society. He enjoys writing poetry, playing chess, and reading on Indian and world history in his spare time.