Protection of personal data and the right to privacy are intrinsically linked and only a strong emphasis on the right to privacy can ensure that personal data is not shared or leaked without any checks. A nine-judge bench, on August 24, 2017 (Justice K. S. Puttaswamy (Retd.) and Anr. vs Union of India and Ors.), had held that the right to privacy is a fundamental right.
The judgement also stated that Privacy is not an absolute right and that a law which encroaches upon privacy will have to withstand the touchstone of permissible restrictions on fundamental rights. An invasion of privacy must be justified on the basis of a law which stipulates a procedure which is fair, just and reasonable.
What is important to note in this judgement is the identification of informational privacy as a facet of the right to privacy and the recommendation of the Court to the Union Government to examine and put into place a robust regime for data protection. While identifying the need for a sensitive balance between individual interests and legitimate concerns of the state, the Court also stated that dangers to privacy can occur from both state and non-state actors.
This indicates that importance now needs to be placed on the responsibility of non-state actors such as corporates and their compliance to appropriate data security measures. This becomes even more imperative given the new European Union General Data Protection Regulation (GDPR) which comes into effect on May 25, 2018.
These Regulations would give regulators powers to impose fines for inadequate data security and protection. The effect of this regulation would also be on India-based companies conducting business in Europe.
This would require organizations to restructure their security strategy and improve privacy policies and practices in their firms. The impact of these regulations needs to be analysed as well so that businesses can prepare themselves for the oncoming changes.
The Three Day Professional Certificate Course on Privacy and Data protection Laws would be analyzing the above mentioned issues and look at matters relating to data protection and privacy from a legal, constitutional, industry and compliance specific perspective.
Areas covered in the Certificate Course:
Constitutional and Legal perspective on Privacy and Data Protection: Limitation on the Right to Privacy, permissible invasion of privacy (legality, legitimate state aim, proportionality), Right to be forgotten
Concept of Privacy: Personal data, sensitive information, privacy vis a vis confidentiality
Jurisdictional issues with regard to privacy, data protection and Social Media
Cyber security, Surveillance and Data Security
Indian legal Framework on Data Protection laws and Privacy
Impact of European Union General Data Protection Regulation (GDPR) on Data Protection and the corporate sector: Compliance in the post GDPR era (inventory of personal data, limitation on personal collection, retention, requirement of access to the third parties to comply with privacy practices etc.)
Who Can Attend
Lawyers, Cyber security Experts, Cyber Technicians, Privacy Officers, Data Officers, Compliance Officers, Data Protection Officers, Students, Academicians, Relevant Industry Personnel
Rs. 10, 000/ – per participant – Non residential
May be provided on payment of additional tariff as applicable- within the NLSIU campus on first cum first serve basis. (Subject to availability)
The participants will be served with tea/coffee/ lunch only in the respective breaks during the programme.
The last date for registering is June 25th, 2018.
For details, please contact Dr Sairam Bhat, Professor of Law, NLSIU at firstname.lastname@example.org.
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