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2022-04-22
India needs a well-planned regulatory framework for bulk targeting data surveillance | Anushkaa Arora in the news with Medianama.

Where do these facial recognition/video analytics surveillance projects stand in the absence of a data protection law in the country? “The bigger question is how does one mitigate the high risks that are associated with the development and procurement of such surveillance technologies. The question today is really not the lack of personal data protection law in the country. We see that despite having developed data protection laws such as in the UK, there have been instances of misuse irrespective of such laws being in place, such as affecting communities of colour under circumstances and political regimes,” Anushka Arora, Principal & Founder, ABA Law Office said.

Then, how does one mitigate privacy risks? By developing a regulatory framework on the principle of proportionality in terms of the apex court’s Puttaswamy judgement (2017), oversight and accountability, rights of the persons who are under surveillance, etc. In addition to this, deployment of surveillance tools would mean the deployment of CCTVs, so devices in bulk; hence, a comprehensive and harmonised regulation of CCTVs is needed before such tools are deployed, Arora said.

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