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Privacy and data protection

2019

India’s government is finalising proposals to give it the power to block Internet contentThe new rules would require applications like Facebook, Twitter, and TikToc to implement automated screening tools and to remove posts or videos that Indian officials consider 'libelous, invasive of privacy, hateful, or deceptive'. The government could also undermine the privacy protections of messaging services by allowing the government to trace messages. Critics have compared the moves to censorship policy in China

Wired's Paris Martineau commented on the situation in India is Cracking Down on Ecommerce and Free Speech.

At the Milken Institute MENA Summit, Sean Parker, founding president of Facebook, argued there is ‘no limit’ to how Amazon is storing and listening to private conversations, and that these recordings ‘could potentially be used against you in a court of law or for other purposes’.  According to the CNBC, Parker also stated that ‘if you're having a conversation in front of an Alexa-enabled device, Amazon is not guaranteeing you any privacy’.

 
 

The Russian government is considering mechanisms to control its Internet traffic in similar manner to China. The draft law, which passed the first reading in State Duma, requires Internet Service Providers (ISPs) to direct data through exchange points listed in a registry maintained by Roskomnadzor (the Russian supervising body in the field of communications) .This means that data passing between Russian citizens and organisations will stay inside the country instead of being routed internationally through loops.The draft law also requires telecom operators to install a special equipment provided by Roskomnadzor that should help to fight the threats for Internet as well as will enable to exercise blocking of web resources from the Russian blacklist by cutting off Internet traffic. One of the alleged reasons is to defend the country's Internet in the case of an attempt by foreign powers to isolate or disrupt the country's communications. The legislation is considered controversial because it can also be used to promote censorship as the government will be able to restrict access to external sources of information.

 

After the Bulgarian Parliament adopted a national law implementing the GDPR on 24 January, the Bulgarian president vetoed the legislation due to concerns regarding ‘the regulated data processing for journalistic purposes and the purposes of academic, artistic or literary expression’. As reported by Novinite, President Radev stated that the necessary balance has not been achieved, and the 10-criterion provision is excessive and unbalanced.

The Competition Commission of India has been reviewing a case over Google’s market dominance  for the past six months. The case is similar to the case Google faced in the EU in 2018 over its Android platform. As reported by Reuters, Google executives have met Indian antitrust officials at least once in recent months to discuss the complaint filed by a group of individuals.

The German development ministry proposed a legal framework that provides mandatory human rights due diligence for German companies. The initiative was welcomed by CoRa, a network for corporate accountability with more than 60 development, human rights, environmental, consumer organisations and trade unions. According to CoRA, human rights diligence cannot be protected on a voluntary basis. Businesses should mandatorily take measures to prevent activities that provoke human rights violations. Liability and appropriate sanctions are key elements to enforce human rights in this context. In addition, companies should embrace the UN Guiding Principles on Business and Human Rights, adopted by the UN Human Rights Council in 2011, and report on their risk analyses, measures of mitigation and remedies.    

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