18Legal Entanglements of Cloud Computing In India

Sambhabi Patnaik and Lipsa Dash*

KIIT School of Law, KIIT University, Bhubaneswar, India

Abstract

Technology has never failed to surprise us! The legal aspects of cloud computing is integral for us to understand the complexities and challenges that an individual has to deal with under the Indian regime. Data ownership, intellectual property issues, privacy concerns, cyber security issues, intermediary liability, government surveillance powers and interoperability are a few threats involved in cloud computing. Cloud service providers handle sensitive personal information and any breach/leakage could attract legal actions. “Right to Privacy” was recently declared as a Fundamental Right under Constitution of India. The Personal Data Protection Bill, 2019 in India recognizes right of privacy as a natural right and has paved the way for a transformational shift towards safeguarding personal data which is an essential aspect of informational privacy, thus, keeping pace with the rapid digitization the country is experiencing. The worldwide accessibility and usage of cloud computing makes the choice of law and jurisdiction a pertinent concern for the larger perspective of the worldwide legal framework and India’s interaction with the same. The authors will also analyze different international laws to curb the problems, bridge the gap and simplify the international issues in cloud computing.

Keywords: Privacy, data protection, cloud ...

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