• Research/Scholar Paper name – The Convergence of the Internet of Things and the Legal Vacuum in India: An Exploratory Study of the Issues and the Setbacks in the Indian Data Protection Regime
  • Author: Alvina Godwin
  • Institution: School of Law, Christ (Deemed to be University)
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 09/02/2021

Abstract:

The radical progression of the Internet of Things (hereinafter referred to as IoT) has led to the automation of everyday objects and devices. The ability of these devices to network and function automatically comes from the massive amounts of information it gathers, analyzes, and distribute. The largescale consolidation of the personal and sensitive information of consumers, quite obviously, gives rise to privacy and security concerns. The connection of multiple devices and servers can result in complex implications for consumers. Smart home systems use integrated sensors that monitor and assess behavioral patterns of the consumer which leads to character profiling. Such technology is used to understand the needs and necessities of the consumer by collecting highly sensitive and personal information that is at the risk of being disseminated and misused. Very often, the manufacturers of such software take advantage of the ignorance of the majority of the consumers regarding technology, the law, and their rights. Consequentially, the consumers may face issues involving erosion of ownership norms, remote contact enforcement, lack of transparency, and complex liability. The lack of specific laws/legislation in India that governs consumer rights with respect to the IoT calls for an examination of the international best practices that deal with legal issues under this domain. The author of this paper, after examining the international best practices, proceeds to elaborate on the potential modes of recourse available to the consumers, with special reference to the Indian Laws that govern the concepts of consumerism, privacy, security, and information technology.

The Convergence of the Internet of Things and the Legal Vacuum in India: An Exploratory Study of the Issues and the Setbacks in the Indian Data Protection Regime

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