1,721,015 research outputs found
Expectations vs Realities of Information Privacy and Data Protection Measures ::A Machine-Generated Literature Overview /
No full textThis book is a machine-generated literature overview of the legal and ethical debates over privacy and data protection measures in the last three decades, showcasing the expectations vis-à-vis realities of their presence and application in different sectors. The book identifies the role and application of consent in different situations. Over time, consent in its various forms and types, informed, explicit and otherwise, ensured data subjects have a measured understanding of the purpose of data processing. The idea of consent with time has been challenging to implement with the rapid advancement of research in different areas. It remains the most critical fulcrum, yet there are instances when the implementation continues to challenge. Owing to the nature of this sub-discipline, it remains a work in progress yet portrays a comprehensive range of issues. The entire narrative is being explored through two such machine-generated overview volumes and this is the first of the two. These volumes have consciously tried to remain both jurisdictional and technology neutral while considering a range of data protection and privacy issues. Towards that end, this book has chapters that capture overarching issues about data protection and privacy; conceptualizes data protection from different perspectives and its existing debates with other rights and developments in a democratic society; provides a snapshot of developments happening in various jurisdictions and how data protection framework engages with other laws. It also broaches the critical issue of consent and how consent as a requirement has evolved and integrated with health research and other allied areas. The subsequent volume, titled 'Operationalizing Expectations and Mapping Challenges of Information Privacy and Data Protection Measures in the Last Three Decades', would focus on different sectors and how these sectors have been tackling different expectations concerning data protection and privacy. It will also showcase how technology plays a catalyst in implementing data protection requirements. The book highlights the future research areas in the context of data protection and privacy. The volumes are an invaluable resource for not only researchers, but also policy makers, practitioners, corporate sector, across disciplines, and anyone looking to get an idea about the evolution privacy, data protection issues and the application of consent over the last three decades since 1990
Complications and Quandaries in the ICT Sector ::Standard Essential Patents and Competition Issues /
Full text linkThis book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by "fair", "reasonable" and "non-discriminatory" terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers
Relevance of European studies in Asia
No full textThis book provides perspectives on the relevance of European Studies as a disciplinary category for the Asian region. That being the primary focus, the book serves a larger purpose. First, it provides insights on European society, polity and economy (including European Integration) as they are accounted in European Studies. The epistemological character of the knowledge thus conveyed has larger credibility and reliability such that they can become policy inputs and imaginations for strengthening Asian-European relationship. This approach helps overcome the trap of subjectively motivated discourses on Europe which may fail potential collaborations between the regions. Second, the design and discursivity of European Studies will be an instruction to the Asian region on the constitutive potential of regional studies in society-building. Third, the book works towards building the idea of “Europe” in terms of international law, in the minds of Asian students, researchers and decision-makers. This is extremely relevant for the future relationship and cultural engagement between the two regions. The book is of interest to policymakers, academics, embassies, state-level government offices, researchers and student
Epistemologies, paradigms, and practices: The rising relevance of European studies in Asia
No full textWhile “European Studies” have already achieved a disciplinary status, the epistemic interest in the discipline has largely been limited to Europe. One can, however, witness a growing interest in Europe in many non-European states, for the European Union (EU) has been expanding its foreign relations as a single political union under a unitary social, political, and economic approach and goa
Introducing the Status of Domestic Workers in India
No full textDomestic work has been a vastly understudied field, although it absorbs a significant part of the work force, especially in developing countries. This chapter recognizes that the undervaluing of domestic work is rooted in larger structural discriminations and identifies the need to bridge the gap between legal and social dimensions of domestic work. The chapter further proposes the requirement of a comprehensive database that could pave the way towards minimizing the gap between existing policy recommendations on domestic workers and its implementation
CCI’s Investigation of Abuse of Dominance: Adjudicatory Traits in Prima Facie Opinion
Full text linkThis chapter is premised on the recent judgement delivered by the Delhi High Court (henceforth “DHC”) in Ericsson v CCI.1 This judgement looked at the jurisdiction of the Competition Commission of India (henceforth “CCI”) to investigate alleged abuse of dominance of a holder of standard essential patent (henceforth “SEP”). The jurisdiction of CCI, as suggested by the DHC is independent of any matter pending in a court of law and therefore, the CCI can continue to investigate abuse of dominance complaints
Evolving Huawei Framework: SEPs and Grant of Injunctions
Full text linkThe European Commission in their recent communication paper (COM (2017) 712 final)(EC paper) titled ‘Setting out the EU approach to Standard Essential Patents’ considered the obligations that are cast upon parties during pre-licensing negotiations of SEPs on FRAND terms. The EC paper has derived such obligations from the behavioral criteria as determined by the CJEU in the Huawei judgement. While Huawei provided the general framework, it further evolved through various court decisions in Germany and in the Unwired Planet case. This chapter reflects on the framework developed in the Huawei judgment and shows how this framework has evolved in the post Huawei cases in Germany and UK. The post Huawei cases have tried to adhere to the overall framework provided under Huawei, although there are number of inconsistencies as to specific obligations. From the perceived inconsistences, this chapter concludes on a note that the overall conduct of the parties would play a major role before granting injunctive relief to SEP holders
Caste as a Framework to Study Domestic Labour: A Comparative Law Perspective
No full textI was at a friend’s wedding in Hyderabad. Amidst the food and frolic, sarees and jewelry, I noticed a teenage girl loitering on the periphery of the celebrations. She was neatly dressed, yet looked poor. She was not a child- as she did not run around with other kids. She was not a guest- she did not chat or eat sweets. She was not a family member, nor a servant of the family- she did not seem busy. Who is this girl? I asked. I was told she has come to ‘help’ in the wedding. “It is a tradition in our village that the Golla (Shepherd) community send one person to assist in celebrations in the homes of Reddy landlords. Since no adult was available or could be off work, this girl was sent. She goes to school, to 7th standard.” An archaic caste practice had turned a school going girl into a domestic servant for the weekend. What was this girl’s legal status? She was not labour as she has no labour contract, terms of work, modes of payment. She was hoisted into an alien environment as ‘something that has no name’. It is this obscure location in which caste connects to domestic labour. The ambiguity of status and location makes it impossible to position it within the legal system. This paper will find the connection between caste and domestic labour: not only do they both exist in the sphere of social normativity and are underrepresented in law but also caste normativity, entitlements, labour relations inform and influence the domestic laour situation in India. The theoretical framework will expound on the concept of ‘caste as extraction of labour’, use of free labour as an upper caste entitlement that has continued into the market and urban sphere. The last section will review how this reality gets reflected in law. I shall visit the Indian case law to analyze how law has dealt with domestic labour and compared them with the UK Employment Tribunal Judgement in 2014 that decreed caste as ‘ethnicity’ under the Equality Act 2010
Rights of Domestic Workers in India: A Critical Analysis of Efforts of the National Human Rights Commission of India
Full text linkThe National Human Rights Commission of India (NHRC) has been entrusted with a wide mandate in relation to safeguarding the basic human rights of people in India under the Protection of Human Rights Act, 1993. The Commission’s mandate covers, among other groups, the rights of domestic workers. Its strategy, over the last two decades, has primarily focused on addressing bonded labour, child labour, exploitation of migrant domestic workers, etc. Rights of domestic workers in India bring into sharp focus India’s obligations under the Indian Constitution and international conventions and other commitments. This chapter seeks to outline some of the challenges with regard to the protection of the rights of domestic workers and also undertake a critical appraisal of how the NHRC acquitted itself in protecting their rights in the last 23 years or so
‘Well-Being’ of Domestic Workers in India
Full text linkWork that domestic workers engage is highly demanding and undervalued. Though a large number of women are employed in this sector, statistical clarity largely remains unaddressed. The sector is plagued with unregulated low wages and lack of policies. Thus it becomes essential to understand the well-being and mental health of domestic workers. Through different empirical studies, it has been observed that these women suffer from depression, anxiety, suicide ideation and suicidal attempts. They face a plethora of interwoven complex web of problems that range from intimate partner violence, alcoholic male family members, lack of child care facilities, financial burden, and interrelationship conflicts etc. The work demands them to take orders from individuals who are younger than them and often bear the considerable amount of humiliation too. This makes it imperative to study the well-being of domestic workers. This chapter outlines the concept of well-being followed by the different models of well-being such as Mental Health Continuum, PERMA, Psychological Capital (PsyCap) and Quality of life. The chapter then leads to the issues and challenges faced by domestic workers such as unregulated and underpayment of wages, caste and religion, non-recognition of skills, working conditions etc. Finally, the chapter culminates suggesting few well-being initiatives. In future, mental health programs addressing the mental health and well-being issues need to be designed. The sector needs to be pursued diligently in the modern welfare society
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