Proportionality in India: A Bridge to Nowhere?
The Indian Supreme Court’s invocation of the structured proportionality test is a bridge to nowhere....
Right to Privacy
The Judicial Role in the Surveillance State
The courts’ responsibility to check abuses of power is heightened in a context where secrecy reigns....
The Surveillance State, Privacy and Criminal Investigation in India: Possible Futures in a Post-Puttaswamy World
With a strong conception of privacy focussed on individual liberty after Puttaswamy, there is now a starting point for insisting on judicial oversight of surveillance.
New Beginnings: Indian Rights Jurisprudence After Puttaswamy
Puttaswamy opens up the possibility of Constitution 3.0 that places the individual at the center and through a culture of justification prevents the State or social power from overwhelming the...
Does India’s covid-19 Contact Tracing App Violate Digital Rights?
On 14 April 2020, during his speech on the extension of the lockdown in India, Prime Minister Narendra Modi urged citizens to download the Aarogya Setu app to supplement the...
Covering Up for the Face Covering Regulation: A Janus-Faced Position
The storm over Hong Kong’s rule of law rages on, as the Court of Appeal (the “Court”) delivered the judgment of Leung Kwok Hung v Secretary for Justice, which partially...
El Gizouli: Mutual Legal Assistance Meets Data Protection
On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this...
Dutch Court Provides Valuable Precedent for Human Rights in the Digital Welfare State
Even as the use of technologies utilising ‘artificial intelligence’ and ‘big data’ proliferates in the public sector, their compatibility with human rights norms and constitutional rights has been circumspect. Investigations...
High Court of Kenya suspends implementation of biometric ID system
On 30 January 2020, the High Court of Kenya – the first level of the country’s superior courts, whose decisions can be appealed to the Court of Appeal and Supreme...
Facial Recognition Technology: The High Court’s flawed approach to information privacy
In September 2019, the English High Court ruled the use of automated facial recognition technology (AFR) by South Wales Police Force was consistent with ECHR Article 8 and data protection...
JCHR Report: The Right to Privacy (Article 8) and the Digital Revolution
On 3 November 2019, the Joint Committee on Human Rights (JCHR) published a report on The Right to Privacy (Article 8) and the Digital Revolution. The report highlights ways in...
Why the Digitization of Welfare States is a Pressing Human Rights Issue
In this blog post, Director of NYU Law’s Digital Welfare State and Human Rights Project, Christiaan van Veen, discusses a report presented by United Nations Special Rapporteur on extreme poverty...
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