Addition of US Privacy Cases on the Privacy Law Library

This post is authored by Swati Punia.

We are excited to announce the addition of privacy jurisprudence from the United States’ Supreme Court on the Privacy Law Library. These cases cover a variety of subject areas from the right against intrusive search and seizure to the right to abortion and right to sexual intimacy/ relationships. You may access all the US cases on our database, here.

(The Privacy Law Library is our global database of privacy law and jurisprudence, currently containing cases from India, Europe (ECJ and ECtHR), the United States, and Canada.)

The Supreme Court of the US (SCOTUS) has carved out the right to privacy from various provisions of the US constitution, particularly the first, fourth, fifth, ninth and fourteenth amendments to the US constitution. The Court has included the right to privacy in varying contexts through an expansive interpretation of the constitutional provisions. For instance, the Court has read privacy rights into the first amendment for protecting private possession of obscene material from State intrusion; the fourth amendment for protecting privacy of the person and possessions from unreasonable State intrusion; and the fourteenth amendment which recognises an individual’s decisions about abortion and family planning as part of their right of liberty that encompasses aspects of privacy such as dignity and autonomy under the amendment’s due process clause.

The right to privacy is not expressly provided for in the US constitution. However, the Court identified an implicit right to privacy, for the very first time, in Griswold v. Connecticut(1965) in the context of the right to use contraceptives/ marital privacy. Since then, the Court has extended the scope to include, inter alia, reasonable expectation of privacy against State intrusion in Katz v. United States (1967), abortion rights of women in Roe v. Wade (1973), and right to sexual intimacy between consenting adults of the same-sex in Lawrence v. Texas (2003). 

The US privacy framework consists of several privacy laws and regulations developed at both the federal and state level. As of now, the US privacy laws are primarily sector specific, instead of a single comprehensive federal data protection law like the European Union’s General Data Protection Regulation (GDPR) and the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA). However, there are certain states in the US like California that have enacted comprehensive privacy laws, comparable to the GDPR and PIPEDA. The California Consumer Privacy Act (CCPA) which came into effect on January 1, 2020 aims to protect consumers’ privacy across industry. It codifies certain rights and remedies for consumers, and obligations for entities/businesses. One of its main aims is to provide consumers more control over their data by obligating businesses to ensure transparency about how they collect, use, share and sell consumer data. 

To know more about the status of the right to privacy in the US, refer to our page here. Some of the key privacy cases from the SCOTUS on our database are – Griswold vs. Connecticut, Time INC vs. Hill, Roe vs. Wade, Katz vs. United States, and Stanley vs. Georgia.

[July 15-22] CCG’s Week in Review: Curated News in Information Law and Policy

The National Investigation Agency Act was amended by Parliament this week, expanding its investigation powers to include cyber-terrorism; FaceApp’s user data privacy issues; and the leaked bill to ban cryptocurrencies— presenting this week’s most important developments in law and tech.

Aadhaar

  • [July 15] Govt plans Aadhaar based identification of patients to maintain health records, Live Mint report; The Indian Express report.
  • [July 15] Petition in Delhi HC seeking linking of Aadhaar with property documents, Live Mint report.
  • [July 15] Government stops verification process using Aadhaar for driving license, The Economic Times report.
  • [July 15] Government stops verification process using Aadhaar for driving license: Nitin Gadkari, ET Auto report.
  • [July 18] Will Aadhaar interchangeability for ITR make PAN redundant? Live Mint report.
  • [July 18] Govt floats idea for Aadhaar-like database for mapping citizen health, Business Standard report; Money Control report; Inc42 report.
  • [July 19] Linking Aadhaar with Voter ID— Election Commission to decide within weeks, The Print report; India Legal analysis.
  • [July 21] Mumbai man fights against linking Aadhaar to salary account, The Quint report.
  • [July 21] Violating SC rules, matrimonial site sells love, marriage using Aadhaar data, National Herald report.
  • [July 22] Large cash deposits may soon need Aadhaar authentication, Times of India report; Money Control report.

Right to Information

  • [July 19] Bill to amend RTI law introduced in Lok Sabha amid opposition, India Today report.

Free Speech

  • [July 18] Ajaz Khan of Big Boss fame arrested by Mumbai Police for TikTok video, The Asian Age report; DNA India report.
  • [July 19] Guwahati HC grants anticipatory bail to poets accused of writing communally charged poetry on Assam citizenship crisis, Live Law report.

Internet Governance

  • [July 16] MeitY to finalise Intermediary Liability rules amendment by month end, Medianama report; Inc42 report.

Data Protection and Data Privacy

  • [July 17] Canada probing data theft at military research center: reports, Business recorder report.
  • [July 17] BJP raises issue of privacy breach by tech devices in Rajya Sabha, BJD demads more funds, News 18 report.
  • [July 17] TMC MPs protest outside Parliament in Delhi, demand to bring Data Protection Law, DNA India report.
  • [July 17] Democrats issue warnings against viral Russia-based face-morphing app ‘FaceApp’, NPR report.
  • [July 18] Government notice to Tiktok, Helo; asks to answer 21 questions or face ban, Gadgets Now report; Medianama report; Business insider report.
  • [July 18] Singapore data protection enforcement guide released, Asia Business law Journal report.
  • [July 18] Irish Data Protection Commission issues advice over FaceApp privacy concerns, RTE report.
  • [July 18] Govt admits to data leak of unemployment figures ahead of May announcement in Rajya Sabha, terms the issue ‘serious’, Firstpost report.
  • [July 19] From bad to worse: PM Modi’s office has asked IT Ministry to keep a close eye on TikTok, India Times report.
  • [July 20] Equifax near $700 million settlement of data breach probes: WSJ, AL Jazeera report.
  • [July 21] Jio backs data protection; highlights future growth areas like agriculture, healthcare and education, The Economic Times report.

Data Localisation

  • [July 19] Firms exploring Telangana to set up data centres, The Hindu report.
  • [July 22] Bytedance starts building local data centre in India after lawmakers complain of data privacy, Entrackr report.
  • [July 22] China’s ByteDance to store Indian data locally after MPs raise concerns on privacy, national security, ET Tech report; Outlook report.
  • [July 22] Jio backs data localization to stave off cyberattacks, ET Tech report; Medianama report.

Digital India

  • [July 15] India lags peers in tech skills: Coursera study, ET Telecom report.
  • [July 16] WiFi on the go: Government pushes to keep Bharat connected, ET Telecom report.
  • [July 17] BMTC wants to reboot its IT plan, ET tech report.
  • [July 19] How improved infrastructure and tech firms are changing game development in India, ET Tech report.

Digital Payments and E-Commerce

  • [July 14] How women are sidelined in India’s e-commerce growth, ET Tech report.  
  • [July 17] Digital payment firms write to Government, asking compensation for losses incurred due to ‘zero’ merchant fee, Latestly report.
  • [July 22] How an in-house e-commerce platform Leaf Era has revolutionsed government procurement, ET Tech report.
  • [July 22] Aditya Birla Payments Bank to shut down due to “unanticipated developments in business landscape”, Medianama report.

Cryptocurrency

  • [July 15] Hacked crypto exchange Bitpoint discovers more millions are missing, Coin Desk report.
  • [July 15] India: Leaked draft bill would ban all crypto except ‘Digital Rupee’, Coin Telegraph report.
  • news to those Swiss authorities, Business Insider report.
  • [July 16] US says cryptocurrency is a national security issue, The New Indian Express report.
  • [July 16] Bitcoin and crypto suddenly branded a national security issue, Forbes report.
  • [July 16] Crypto a security threat, instrument for illicit activities: Trump admin, Business Standard report.
  • [July 17] Facebook said its Libra cryptocurrency will be regulated by Swiss authorities – but that was
  • [July 17] Making sense of chaos? Algos scour social media for clues to crypto moves, ET Markets report
  • [July 20] Cryptokart: Another Indian crypto exchange shuts doen operations, Coin Telegraph report.
  • [July 22] Crypto-attacks are rising in Asia—and cybersecurity AI may be the best way to fight the threat: Darktrace, Business Insider report.

Emerging Tech

  • [July 13] Facial recognition tech is growing stronger, thanks to your face, New York Times report.
  • [July 19] Is there a tug of war between Niti Aayog, IT Ministry on artificial intelligence project? India Today report.

Big Tech

  • [July 15] Tech giants to face US hearings on anti-trust, cryptocurrency, ET Telecom report.
  • [July 15] Amazon Web Services still on pole for $10bn defence cloud deal after Oracle case crashes, DataEconomy.com report.
  • [July 16] Google accused of ripping off digital ad technology in US lawsuit, ET Telecom report.
  • [July 19] EU opens investigation into anti-competitive conduct of Amazon: Will it face heat in India too? Entrackr report.

Telecom/5G

  • [July 17] Govt working on revival of BSNL: Minister tells Lok Sabha, The Hindu Business Line report.
  • [July 19] Make in India: Only half of country’s 268 cellphone makers stay afloat, Financial Express report.

More on Huawei

  • [July 16] The US Congress wants to block the Trump administration from weakening Huawei restrictions, The Verge report.
  • [July 17] US-China talks stuck in rut over Huawei, The Wall Street Journal report.
  • [July 19] Two-thirds of Canadians reject closer ties to China and want Huawei banned from 5G networks, poll says, South China Morning Post report.
  • [July 20] White House to host meeting with tech executives on Huawei ban: report, Business Standard report.  

Cybersecurity

  • [July 15] Use Indian IPRs to ensure telecom network security: Trade group. ET Telecom report.
  • [July 15] Indian IT managers facing budget crunch for cybersecurity, Live Mint report
  • [July 16] Your WhatsApp, Telegram files can be hacked: Symantec, ET Telecom report.
  • [July 16] IT companies tightening salary budgets, leveraging variable pay for niche skills, ET Tech report.
  • [July 17] Druva acquires hybrid data protection form CloudLanes, The Economic Times report.
  • [July 17] Indian Army launches massive crackdown on personnel violating its cybersecurity norms, The Print report.
  • [July 19] NSO spyware targets phones to get data from Google, Facebook, iCloud: Report, Medianama report.
  • [July 20] New bills on cybersecurity, crime against women soon: Union Minister, India Today report; The Indian Express report.
  • [July 21] An entire nation just got hacked, CNN report.
  • [July 22] Fix Rogue audits; guard Indian data; bulletproof 5G: India’s new cybersecurity chief’s Vision 2020, ET Prime report.
  • [July 22] Fake FaceApp software may infect your device, says global cybersecurity company Kaspersky Lab, New Nation report.

Tech and Elections

  • [July 14] New election systems use vulnerable software, AP News report.

Tech and Law Enforcement

  • [July 12] Revealed: This is Palantir’s Top-Secret User Manual for Cops, Vice Motherboard report.
  • [July 22] WhatsApp traceability case: Details of data requests made by Tamil Nadu Govt to social media companies, Medianama report.

Tech and Military

  • [July 14] French jetpack man flyboards up Champs-Elysees for Paris Parade, RFI report.
  • [July 15] Dassault offset money to help in skill training: FM Nirmala Sitharaman, Money Control report. Economic Times report.
  • [July 16] Modi Govt to buy Pilatus trainer aircraft following corruption charges, to ban Swiss defence firm for one year, OpIndia report.
  • [July 16] If India chooses F-21, it will plug into ‘world’s largest fighter plane ecosystem’: Lockheed Martin, The Economic Times report.
  • [July 17] AI has a bias problem and that can be a big challenge in cybersecurity, CNBC report
  • [July 17] IAF on spares buying spree, The Quint report.
  • [July 19] Lockheed Martin identifies 200 potential Indian partners, Hindustan Times report.
  • [July 18] Navy to buy Rs. 1,589 crore satellite from ISRO, The Economic Times report.
  • [July 18] Indian MoD issues RFP for heavyweight torpedoes for Kalvari-class submarines, Jane’s 360 report.
  • [July 18] Rafale will provide IAF strategic deterrence: Defence Ministry, Money Control report
  • [July 19] US F-35, poster child for ineptitude, inefficiency, The Middle East Monitor report.
  • [July 19] South African Council to collaborate with Indian defence industry, Outlook India report.
  • [July 20] DRDO carries out a dozen successful summer trials of NAG anti-tank missile, ANI report.
  • [July 21] IAF Pilots could soon fly Tom Cruise;s fighter jet from Top Gun Maverick, News 18 report.
  • [July 21] India to forge ahead with Russia accord despite US threat of sanctions, DNA India report.

National Security Legislation

  • [July 15] Lok Sabha passes bill that gives more powers to NIA, Live Mint report, ANI report.
  • [July 15] Lok Sabha passes NIA Amendment Bill to give more power to anti-terror agency; here’s all you need to know, Business Insider report.
  • [July 17] What is the National Investigation Agency Bill and why is it in contention?, Money Control report.
  • [July 17] Rajya Sabha passes National Investigation Agency Amendment Bill 2019, Live Mint report; Outlook India report.
  • [July 18] Cabinet asks finance panel to consider securing non-lapsable funds for defence, The Indian Express report; Financial Express report.
  • [July 20] New bills on cybersecurity, crime against women soon: Union Minister, India Today report; The Indian Express report.

Opinions and Analyses

  • [July 11] Ryan Gallagher, The Intercept, How US Tech giants are helping build China’s Surveillance state.
  • [July 15] Jemima Kelly, Financial Express, Trump v Crypto: rage against the obscene.
  • [July 15] Ravi Shanker Kappor, News 18 Opinion, Cost of not carrying out economic reforms: Acute shortage of funds for military modernisation.
  • [July 16] Jayshree Pandya, Forbes, Nuances of Aadhaar: India’s digital identity, identification system and ID.
  • [July 16] Binoy Kampark, International Policy Digest, The UN’s free speech problem.
  • [July 16] K Satish Kumar, DNA India, Need more clarity on data bill.
  • [July 16] Abhishek Banerjee, Swarajya, Richa Bharti: The Free Speech Hero India Needs.
  • [July 17] Ananth Krishnan, The Print, Three reasons why it’s not Huawei or the highway for India’s 5G future.
  • [July 17] Rajesh Vellakat, Financial Express, Personal Data Protection Bill: Will it disrupt our data ecosystem?
  • [July 17] Nouriel Roubini, Live Mint Opinion, Seychelles-based BitMEX and the great crypto heist.
  • [July 17] Tim O’Reilly, Quartz, Antitrust regulators are using the wrong tools to break up Big Tech.
  • [July 18] Tiana Zhang, Jodi Wu, Yue Qiu and Richard Sharpe, Mondaq, Newly released draft measures on data security management strengthen China’s data protection framework.
  • [July 18] Gwyn D’Mello, India Times, If you worry about FaceApp and not your Facebook and Aadhaar, you have bigger problems.
  • [July 18] Sue Halpern, The New Yorker, How Cyber Weaqpons are changing the landscape of modern warfare.
  • [July 19] TV Mohandas Pai and Umakant Soni, Financial Express, An AI innovation engine for New India.
  • [July 20] Amit Cowshish, The Tribune, Indo-US defence trade not free from encumbrances.
  • [July 20] Umberto Sulpasso, Eurasia Review, Domestic Knowledge Product: Enhancing Wealth, Welfare and National Security—Analysis.
  • [July 20] Tiffancy C Li, The Atlantic, FaceApp makes today’s privacy laws look antiquated.
  • [July 20] Tom Robinson, Venture Beat, Crypto can prevent money laundering better than traditional finance.
  • [July 21] Vimal Kumar Kashyap, The Pioneer, 5G to usher in fourth industrial revolution.
  • [July 21] Michael Ashley, Forbes, It’s time to fight back for data sovereignty.
  • [July 22] Vidushi Marda, The Hindu, Facial recognition is an invasive and inefficient tool.