privacy

Mukti Jain, Alliance University ABSTRACT India hosts one of the world's largest and fastest-growing populations of internet users. Yet explosive connectivity has not been matched by an equally explosive growth in digital literacy. This commentary examines a phenomenon that sits at the intersection of platform design, user ignorance, and regulatory inadequacy: the accidental public exposure of pri…

Fidha Farshana, CHRIST (Deemed to be University) ABSTRACT The rapid digitisation of India’s healthcare ecosystem has fundamentally transformed the relationship between patients, medical institutions, and the State. Initiatives such as the Ayushman Bharat Digital Mission (ABDM), the Ayushman Bharat Health Account (ABHA), telemedicine platforms, and electronic health record infrastructures promise…

Surbhi Kaushal, BALLB, Mumbai University, Mumbai Mahesh Giri, BALLB, Mumbai University, Mumbai ABSTRACT Surveillance has occupied much of the discussion in most parts of the world. This paper critically examines the constitutionality of India’s National Population Register (NPR) and the National Intelligence Grid (NATGRID) framework, with particular emphasis on their implications on the right to …

Lawyer for DoJ argued actions taken in public while in possession of a smartphone afforded no expectation of privacy The US supreme court is considering whether sprawling warrants for smartphone location data infringe on Americans’ privacy rights and violate the constitution. Justices heard opening arguments in Chatrie v United States on Monday that concerned law enforcement’s reliance on so-call…

If I’d only listened to the first half of the Supreme Court’s Monday argument in Chatrie v. United States, a case asking when police can use cellphone data to determine who was present near the site of a crime, I would be convinced that the Court is about to drastically limit Americans’ right to privacy. […]

Akshita Singh, Amity Institute of Advanced Legal Studies, Amity University, Noida ABSTRACT This paper examines the constitutional status of data protection in India through a critical analysis of the Digital Personal Data Protection Act, 2023 (DPDP Act). The recognition of the right to privacy as a fundamental right in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) marked a decisive shi…

Mr. Hanumanthappa GT, Research Scholar, P.G Department of Studies in Law, Karnatak University, Dharwad ABSTRACT The high pace of digitalisation of the state machinery and business processes made the issue of individual data security and the right to privacy even more acute. This paper is a critical analysis of how privacy as a constitutional right has evolved in India, especially in the light of …

Apple Fixes the iOS Bug That Cops Used to Extract Deleted Chat Messages From iPhones For years, a quiet vulnerability sat buried inside iOS — one that most users never knew existed, but that law enforcement agencies around the world quietly relied upon. Apple has now patched the bug, closing a forensic backdoor that allowed investigators (and, theoretically, any attacker with physical device acce…

Apple Fixes the iPhone Bug That Cops Used to Extract Your Deleted Messages If you've ever deleted a sensitive message and assumed it was gone forever — think again. For years, a quiet vulnerability in iOS allowed forensic tools used by law enforcement to recover deleted iMessages, WhatsApp chats, and other communications from iPhones. Apple has now fixed that bug, but the story behind it reveals …

Lawsuit follows exchange on X in which airline suggested customer should clear cache or book with incognito window Sign up for the Breaking News US email to get newsletter alerts in your inbox JetBlue has been sued in a proposed class action claiming it uses customers’ personal data to set ticket prices, after its response to a social media post raised concern that the carrier employed “surveilla…

Deepraj Bagate & Harsha Rajani ABSTRACT Artificial Intelligence’s quick progress has changed the nature of media production, making “deepfakes,” or synthetic highly realistic productions, possible. While such technologies have a transformative potential for entertainment, education, and innovation, their misuse has emerged to pose a serious risk for individual identity, privacy, and societal…

Khushi, Amity Law School INTRODUCTION The rapid digitisation of society has fundamentally altered the relationship between individuals, information, and memory. In the contemporary age of social media, where information is not only created but permanently archived, the law faces an unprecedented challenge: how to reconcile the individual’s right to control personal information with the public’s i…

Dhriti Mahajan (LL.M.), University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University ABSTRACT The paper critically examines India’s National Automated Facial Recognition System (NAFRS) as a constitutional, ethical, and legal dilemma within the post- Puttaswamy privacy framework. It analyzes how the government’s move toward biometric surveillance challenges Article 21’s gu…

Priyadharsani Indra R, Vinayaka Mission's Law School ABSTRACT India’s Digital Personal Data Protection Act, 2023 (DPDPA), along with the proposed rules for 2025, is the country’s first complete law to protect personal data and regulate how data can be shared with other countries. Under Section 16 of the Act, personal data can usually be transferred outside India unless the Central Government spec…

Most UK businesses think GDPR applies to emails and websites. They forget that phone calls generate personal data too — and the compliance gaps are enormous. After auditing GDPR telephony compliance for 40 UK organisations, here are the violations I find in almost every one. Violation 1: Recording Calls Without Proper Legal Basis (85% of businesses) You cannot record calls just because you want t…

In September 2024, Amandla Thomas-Johnson was a Ph.D. candidate studying in the U.S. on a student visa when he briefly attended a pro-Palestinian protest. In April 2025, Immigration and Customs Enforcement (ICE) sent Google an administrative subpoena requesting his data. The next month, Google gave Thomas-Johnson's information to ICE without giving him the chance to challenge the subpoena, breaki…

TL;DR (Summary) Flock Safety markets AI surveillance that goes far beyond reading license plates; color, bumper stickers, dents, and other features are used to build databases and identify movement patterns. These systems are spreading rapidly, often without oversight, and are accessible to police without a warrant. They raise serious privacy and legal concerns, and contribute to a nationwide tre…

Priyadarshini Chakraborty, Manipal Law School, Bengaluru ABSTRACT The fast changing and rapid expansion of the digital economy in India has not only transformed the way personal data is collected, processed, and utilised but also has transformed how people value their own personal data these days. At the very core end of this transformation lies the concept of consent which forms a legal basis of…

Can the Government Force You to Unlock Your Phone? This is one of the most contested questions in digital privacy law. The Fifth Amendment protects against compelled self-incrimination, but courts have reached different conclusions about whether providing a password or biometric unlock constitutes testimonial evidence. The core legal issue is the foregone conclusion doctrine. If the government al…

First Page 613 Recommended Citation Daniel J. Solove, Against Privacy Essentialism, 104 N.C. L. Rev. 613 (2026). Available at: https://scholarship.law.unc.edu/nclr/vol104/iss3/2 613 Daniel J. Solove, Against Privacy Essentialism, 104 N.C. L. Rev. 613 (2026). Available at: https://scholarship.law.unc.edu/nclr/vol104/iss3/2