This article reconceptualises data as constitutional property under Article 300A and advocates for its protection against unauthorised access. It examines Indian and comparative jurisprudence, critiques existing legal frameworks, and calls for legislative reform to treat data theft as property crime, aligning India’s digital rights regime with evolving global standards.
Threats to Fundamental Rights in the Digital Era: Analysing Rule 4(2) of IT Rules 2021
This blog ais to analyse Rule 4(2) of the IT Rules, 2021 which mandates identification of the first originator of information. Wherein, It threatens user’s privacy, free speech, and intermediary’s immunity by breaking end-to end encryption, promotes chilling effects, creates arbitrary state actions and violates international principles. Thus, the need of reforms is necessary to balance regulation with fundamental rights in the digital age.