This 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.
Authors
Indranath Gupta, Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Paarth Naithani, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
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.
Published in: Journal of Data Protection & Privacy
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