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1. Civilian Drones: Privacy Challenges and Potential Resolution

Author:
Ananth Padmanabhan
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
This paper, authored as part of the New America US-India Public Interest Technologies Fellowship 2019, examines the privacy implications of drones in civilian airspaces. Though a technology with significant benefits, drones can also carry out extensive snooping and surveillance. As India transitions to a regulatory ecosystem supportive of drone technology, it is imperative that the attention of policy makers be directed to the various privacy harms that lie in store. Here, the different kinds of harms are mapped into two: traditional privacy challenges arising from a spatial invasion by drones into private spaces, and big data risks on account of the business models that the drone industry has paved the path for. Dealing with the first category of risks, the paper argues that serious criminal enforcement, along the lines of what some States in the United States have pursued, is imperative to safeguard the private domain from the prying eyes of third parties. It also points out serious gaps in Indian constitutional jurisprudence when it comes to structural interventions like drone surveillance, and recommends an overall assessment of the impact on privacy baseline from such technologies when the judiciary evaluates their legality against the touchstone of the fundamental right to privacy. On the second kind of risk, the paper argues for privacy dashboards that help citizens evaluate the purpose of drone operations and assess whether equipments retrofitted alongside the drone are truly required to fulfil these purposes or merely meant to gather unrestricted amount of personal and community data.
Topic:
Science and Technology, Privacy, Drones, Surveillance, and Social Policy
Political Geography:
South Asia, India, Asia, North America, and United States of America

2. White Paper on Regulating E-Commerce in India: Need for Principles-based Approach

Author:
Ananth Padmanabhan and Arjun Sinha
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
E-commerce has come under heavy regulatory intervention in the past few months. From data localisation to mandatory sharing of data, and a catch-all definition of e-commerce itself to regulatory barriers for inventory-based business models in all these sectors, these recent proposals leave limited room for natural evolution through market competition. Pushing back against these proposals, this White Paper argues that a principles-based rather than rule-based approach must be adopted to regulate this sector. This can be operationalised through a four-step process: the first step is to identify critical sectors where a policy is required in the first place; the second requires prioritising concerns that regulation needs to address immediately rather than crystal-gazing; the third is to explore possible models of co-regulation; and the final step is to focus on effective enforcement of the limited number of areas where state intervention through policy would exist because of adherence to the first three steps.
Topic:
Science and Technology, Regulation, Internet, Business, and Trade
Political Geography:
South Asia, India, and Asia