WHETHER THE DATA PROCESSOR FAILED TO DELIVER UPON THE

RESPONSIBILITIES RELATING TO CONFIDENTIALITY CONCERNS?

It is humbly submitted by the Counsel before the Hon’ble Supreme Court of
Republic of Coolsberg that the Data Processor has failed to deliver upon the
responsibilities relating to confidentiality concerns because of which the
individuals as described in the moot proposition (Fact Set A and Fact Set B)
faced severe problems regarding their Privacy, Confidentiality and Safety. To
understand the liability of the Data Processor, it is important to first understand
the meaning of Data Processor and what role does it play when it comes to the
collection of information and data.
DATA PROCESSOR
According to the Personal Data Protection Bill, 2019, the term ‘Data Processor’
is defined as any person, including the State, a company, any juristic entity or
any individual who processes personal data on behalf of a Data Fiduciary. Here,
Personal Data means such personal data, which may, reveal be related to or
constitute – Financial Data, Health Data, Official Identifier, Sex Life, Sexual
Orientation, Biometric
As stated in the, Para 3 of Fact Set B of the Moot Proposition, Zeenat, a Beta
Tester of Castledeals while testing over the mappings and various other features
and destinations, faced harassment by the seven avatars of Tritter, present in the
launch event. She further explains that though it was virtual but still so real and
raw she could feel that gang rape actually happened with her. She tried to get
away but the avatars kept assaulting by taking photos and kept on saying that
‘she is enjoying’. It happened because the virtual reality has been designed in a
manner that the mind and body can’t differentiate virtual/digital experiences
from the real world. The physiological and psychological experience was as
humiliating and harassing as it happened in reality.