What is left of consent when it is deemed consent: A data protection experiment in India

Gupta, Indranath and Naithani, Paarth (2023) What is left of consent when it is deemed consent: A data protection experiment in India. Journal of Data Protection and Privacy, 6 (1). pp. 71-83. ISSN 23981679

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Abstract

Recently, the latest draft data protection legislation in India, the Digital Personal Data Protection Bill, 2022, introduced the concept of deemed consent. Among other situations, consent can be deemed to be given through voluntary participation rather than an express statement. This paper positions deemed consent by situating it in recent discussions around consent. Deemed consent, as it stands, sits uncomfortably within the data protection rubric. The paper suggests that the proposed structure of deemed consent in India needs alteration and may be adequately amended with effective learning emanating from jurisdictions like the UK, Canada and Singapore

Item Type: Article
Keywords: Consent | Data protection | Deemed consent | Digital Personal Data Protection Bill | India | Personal Data Protection Bill
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 03 Nov 2023 06:57
Last Modified: 02 Feb 2024 09:37
Official URL: https://www.ingentaconnect.com/contentone/hsp/jdpp...
URI: https://pure.jgu.edu.in/id/eprint/6845

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