LIJDLR

Data privacy

IMPACT OF THE DIGITAL PERSONAL DATA PROTECTION ACT ON LAW-ENFORCEMENT INVESTIGATIONS

IMPACT OF THE DIGITAL PERSONAL DATA PROTECTION ACT ON LAW-ENFORCEMENT INVESTIGATIONS Jyoti, LL. M. Student at School of Law, Bennett University, Greater Noida, U.P., (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.173 India’s data privacy paradigm has been revitalised through the Digital Personal Data Protection Act, 2023 (DPDP Act), which demands vigorous protection of personal data and, at the same time, extends some important exemptions to the law enforcement agencies. One of the major reasons for this Act getting into place was the expected increase in cybercrimes in 2025, their types including ransomware attacks, encrypted terror communications, etcIndia’s data privacy paradigm has been revitalised through the Digital Personal Data Protection Act, 2023 (DPDP Act), which demands vigorous protection of personal data and, at the same time, extends some important exemptions to the law enforcement agencies. One of the major reasons for this Act getting into place was the expected increase in cybercrimes in 2025, their types including ransomware attacks, encrypted terror communications, etc. This Act, through its Section 17(1)(c), gives the power to data processing for offence prevention, detection, investigation, or prosecution without seeking the consent of the individual, or of confirming the accuracy of the information to such agencies as the CBI and state police. Such practices provide law enforcement officials quick access to the digital evidence of private fiduciaries, making it easier for them to overcome the encryption problems in cases of financial fraud and terror financing, as has been indicated in the recent investigations by the Delhi Police. The Draft Rules of 2025 support this by demanding timely breach notifications and specifying fiduciary responsibilities. On the other hand, there are still challenges present: the centralised Data Protection Board (DPB) has been criticised for being potentially influenced by the executive, hence losing accountability and public trust in government, leading to probes. The potential for misuse posed by enforcement gaps has been highlighted, particularly concerning the rise of AI-driven crimes, which are taking centre stage in the media. In the end, the DPDP Act favours the cause of investigations in this digital era, but it also calls for the DPB to remain independent and to support itself with technology to reach the optimal balance between privacy and security.  

IMPACT OF THE DIGITAL PERSONAL DATA PROTECTION ACT ON LAW-ENFORCEMENT INVESTIGATIONS Read More »

ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE: TRANSFORMING CONTRACT ANALYSIS AND LEGAL RESEARCH

ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE: TRANSFORMING CONTRACT ANALYSIS AND LEGAL RESEARCH Rachana Mishra, B.A.LL.B.(Hons) 5th year, SS Khanna Girls’ Degree College, Prayagraj Mustafa Khan, LLB, Integral University, Lucknow Download Manuscript doi.org/10.70183/lijdlr.2025.v03.66 This article analyses the transformative impact of artificial intelligence on contract analysis, legal research, and all aspects of legal practice in India. In this article, we applied a qualitative methodology and, apart from it also include a literature review and statutory interpretation, so it examines how AI helps in enhancing efficiency, accuracy, and access to justice while also addressing some challenges such as data privacy, algorithmic bias, and ethical dilemmas. Now, essential takeaways highlight AI’s role in different places, like in automating routine tasks, reducing costs and advancing access to justice and risks like job displacement and regulatory gaps. The article cites many statutory frameworks which including the Information Technology Act, 2000, and the Indian Evidence Act, 1872, acknowledging the Indian legal regime’s limited engagement with AI-specific issues. It asserts that the Bar Council of India should work on AI ethical guidelines, mandate training, and include legal technology into law school academic programs to align innovation with ethical obligations.

ARTIFICIAL INTELLIGENCE IN LEGAL PRACTICE: TRANSFORMING CONTRACT ANALYSIS AND LEGAL RESEARCH Read More »

INTERPRETATION OF NON-FUNGIBLE TOKENS (NFTS) AND BLOCKCHAIN TECHNOLOGY IN INDIA

INTERPRETATION OF NON-FUNGIBLE TOKENS (NFTS) AND BLOCKCHAIN TECHNOLOGY IN INDIA Nandini Achhra, 3rd year – BALLB(H), Student at Vivekananda institute of professional studies, Delhi Download Manuscript doi.org/10.70183/lijdlr.2024.v02.52 The rise of non-fungible tokens (hereinafter referred to as “NFTs”) has changed the way digital properties operate and as such presents new possibilities for, in this instance intellectual property rights notably copyrights. This paper interrogates how the emergence of NFTs and blockchain technology are challenging, reconstituting conventional copyright law regimes NFTs – unique digital assets with proof of ownership verified through blockchain technology – have swept across an array of industries from art and music to entertainment, providing a new way for creators to both authenticate their work and monetize it online. However, the intersection of NFTs and copyrights raises complexities regarding ownership, infringement, and the scope of rights pertaining to NFT transactions. The paper assesses the current legal framework, scrutinizing how existing copyright laws pertain to NFTs, while also examining notable court cases and legal precedents. Additionally, it examines the implications of smart contracts, which are frequently employed in transactions to automate and enforce the terms of agreements, and their potential impact on copyright enforcement and licensing. The paper also examines the global aspect of copyright and NFTS, analyzing how various countries are adapting to these technological innovations. It emphasizes the difficulties of aligning copyright laws across different countries in the digital era and the potential for international treaties and agreements to contribute to the development of a unified legal framework for NFTS. Finally, the paper suggests possible changes and future paths for copyright law in response to the continuous development of non-fungible tokens and blockchain technology. The paper concludes that while NFTs present exciting prospects for monetizing and distributing digital content, a comprehensive and well-defined legal framework is essential to tackle the intricate copyright challenges they entail and safeguard intellectual property rights in the digital age. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 207-224. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

INTERPRETATION OF NON-FUNGIBLE TOKENS (NFTS) AND BLOCKCHAIN TECHNOLOGY IN INDIA Read More »

E-COMMERCE AND FINTECH: LEGAL AND REGULATORY FRAMEWORKS

E-COMMERCE AND FINTECH: LEGAL AND REGULATORY FRAMEWORKS Kriti Arora, BBA LLB (Hons.), GALGOTIAS UNIVERSITY Download Manuscript doi.org/10.70183/lijdlr.2024.v02.51 This integration has dramatically impacted global economies in terms of unprecedented innovation and efficiency in digital transactions and financial services. This industry has relied on technological power in order to build an experience of seamless usage, accessibility enhancement, and an extension of reach for a market where economic growth and social inclusion are supported.[1]. However, this growth also poses unprecedented legal and regulatory issues, mainly in the realm of privacy concerns, cyber security threats, and the complex jurisdiction where cross-border transactions are encountered. This paper critically examines legal and regulatory frameworks governing e-commerce and fintech on both international and domestic levels, with a specific focus on India.[2]. It explores key legal instruments, such as the UNCITRAL Model Law, OECD guidelines, and India’s Information Technology Act, 2000, analyzing their effectiveness in addressing the challenges brought about by these rapidly evolving technologies.[3]. Further, the paper analyses significant case laws and interdisciplinary approaches with a view to unveiling insights into the preparedness of existing legal systems to respond to contemporary issues such as anti-money laundering and digital consumer protection. The analysis calls for harmonized and adaptive regulations that drive innovation while protecting consumer rights and financial stability. With this, the study gives recommendations on how to further improve legal structures by crossing borders, improving domestic policy, and increasing public awareness as a way of bridging the gaps. With all these, stakeholders can deal with the dynamic nature of e-commerce and fintech, ensuring sustainable growth within the digital economy and ethical compliance. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 185-206. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

E-COMMERCE AND FINTECH: LEGAL AND REGULATORY FRAMEWORKS Read More »

UNMASKING THE DIGITAL PHANTOM: CHALLENGES IN PROSECUTING DIGITAL CRIMES

UNMASKING THE DIGITAL PHANTOM: CHALLENGES IN PROSECUTING DIGITAL CRIMES Deepti, Student at M.E.R.I. Professional and Law institute. Download Manuscript ABSTRACT The evolution of technology has transformed the landscape of crime; each and every single day, a new criminal is born in the vast space of cyberworld. This research paper includes the study of challenges which are faced in applying and regulating law worldwide in prosecuting cybercrimes. Through a deep analysis of case laws, studies, frameworks, and literature, the research paper revolves around the different obstacles faced in tracing and prosecuting digital perpetrators. The main challenges include difficulties related to territorial jurisdiction because cyberspace has no geographical or territorial boundaries. Moreover, crucial evidence for prosecuting cybercrime can be gathered through the use of various and advanced encryption technologies, for example: digital forensic investigation. The fast growth of cybercrimes results in increasing challenges, requiring the law to be updated and advanced with time to constantly adapt to new tactics used by cybercriminals. To overcome these challenges, a righteous and advanced approach is needed that also encompasses technological innovation and proper legislative frameworks. To face digital crimes, coordination between law enforcement agencies of different nations is required, along with specialized training to enhance the capabilities of officials in investigating and prosecuting offenses in the digital world. By analyzing these challenges and forming proper solutions to the problems, this research concludes that ongoing efforts must be made to safeguard individuals and the society from the pernicious threat of criminal activities emerging in cyberspace. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 502-521. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

UNMASKING THE DIGITAL PHANTOM: CHALLENGES IN PROSECUTING DIGITAL CRIMES Read More »

LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA

LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA Gayathri G, Law Student. Download Manuscript ABSTRACT With India’s expanding digital landscape, this paper intends to evaluate how the Right to be Forgotten, a concept that gained considerable recognition through European regulatory frameworks, aligns with India’s legal, cultural, and technological environment. The primary focus is thus limited to the application of this right to the cyber domain. India’s privacy laws are critically analysed to determine whether the essence of this right can be accommodated. The paper also delves deeper into challenges in execution, like the juxtaposition of the contrasting Right to freedom of expression, a fundamental right guaranteed by the Indian Constitution, and the Right to be Forgotten. Recent legal cases involving privacy rights and online information are examined critically alongside international judgements to gauge how Indian courts view the concept. This paper contributes insights into adapting the Right to be Forgotten to India’s unique circumstances, considering implications for individuals, online platforms, and society. It explores the intersection of privacy, digital rights, and free expression. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 560-573. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA Read More »

CYBERSECURITY AND DIGITAL FORENSICS: LEGAL ASPECTS OF INVESTIGATING CYBERCRIMES

CYBERSECURITY AND DIGITAL FORENSICS: LEGAL ASPECTS OF INVESTIGATING CYBERCRIMES Muskan Jaiswal, BBA LLB 3rd Year Student, New Law College, Bharati Vidyapeeth (Deemed to be University), Pune Download Manuscript ABSTRACT The rapid development of cyberspace has resulted in an increase in cybercrimes, posing substantial obstacles for global legal systems and law enforcement agencies. With a focus on cybersecurity and digital forensics, this research paper examines the legal aspects of cybercrime investigation. It looks at jurisdictional concerns, legislative obstacles, international cooperation, and the current legal framework pertaining to cybercrimes. The paper also explores digital forensics, which includes the gathering, storing, and admissibility of electronic evidence in court, along with the integrity of that evidence. Advanced technologies such as blockchain and encryption and their effects on digital forensic practices are discussed, along with ethical and privacy considerations in cybercrime investigations. Case studies and precedents are used to show how cybercrime investigations are carried out in different legal frameworks around the world and to suggest ways to improve investigations while maintaining due process. This essay seeks to shed light on the intricacies of cybercrime investigations and make suggestions for enhancing their efficacy while abiding by the law. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 96-109. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

CYBERSECURITY AND DIGITAL FORENSICS: LEGAL ASPECTS OF INVESTIGATING CYBERCRIMES Read More »