Regulatory mechanisms for protecting reasonable expectations of privacy: the roles of consent and fairness in Australian and Indian Data Protection Law

This project explores approaches to balancing the elements of individual consent and fairness to protect citizens reasonable expectations of privacy in data driven transactions.

The data collection practices of digital platforms are of increasing concern to governments and regulators across the world. Indiscriminate data collection practices are a threat to individual privacy and autonomy. But conversely, the use of large data pools holds potential for government and private sector services to be provided in a more efficient and effective manner. Both India and Australia are in the process of reforming their data protection law to address these and other concerns. This project will explore approaches to balancing the elements of individual consent and fairness to protect citizens reasonable expectations of privacy in data driven transactions. It seeks to build pathways for legal innovation in India to support and inform law reform in Australia and other comparable jurisdictions, and also for reciprocal interactions.

India Project

Publications

Taylor, Mark, and Paterson, Jeannie, 'Protecting Privacy in India: The Role of Consent and Fairness in Data Protection' (2020) 16(1) The Indian Journal of Law and Technology 71-102.

This project is a collaboration with Professor Indranath Gupta from Jindal Global University.

CAIDE Researchers