Share these talks and lectures with your colleagues
Invite colleaguesResearch paper
What is left of consent when it is deemed consent: A data protection experiment in India
Journal of Data Protection & Privacy,
6
(1),
71-83
(2023)
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.
Keywords: deemed consent; consent; data protection; India; Digital Personal Data Protection Bill; Personal Data Protection Bill
The full article is available to subscribers to the journal.
Author's Biography
Indranath Gupta is a professor of law at Jindal Global Law School and Dean of Research at O.P. Jindal Global University (JGU). He holds the Jean Monnet Chair in Multi-dimensional Approaches to the Understanding of the EU Data Protection Framework.
Paarth Naithani is an assistant lecturer at Jindal Global Law School and Research Fellow with the Jean Monnet Chair in Multi-dimensional Approaches to the Understanding of the EU Data Protection Framework at O.P. Jindal Global University. Paarth holds an LLM in intellectual property and technology law. Paarth has an academic interest in data protection law.
