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    134 views10 pages

    THIRD LL.B (MOOT PROBLM - 1) Ty

    Uploaded by

    Mona Patel

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 10
    V.T. CHOKSI SARVAJANIK LAW COLLEGE, SURAT. THIRD LL.B. (2022-23 CORE COMPULSORY CLINICAL COURSE CC-604 (CBCS) MOOT PROBLEM -I Technology has changed every walk of life, business and governance. It is undeniable that new technologies bring benefits to mankind and society at large,not without its own shortcomings. The development of technology has ushered-in an era of opportunities but also challenges. The safety of personal information and data, dignity of individuals, are considered to be of paramount interest; and safety of individual members’ data is equal to that of the protection of individual dignity. The need for upholding the privacy concerns was upheld by the courts including the Apex Courts in different j jictions, Along with the development of digital infrastructure, growth of cyber space and users have also increased manifold all over the world, “Think Data’ is an Indian firm and well- known for its data analytics and consulting services. The company was incorporated in India in the year 2016 and its operations extended to the countries across the globe. ‘The company has a tumover of rupees twelve million and has an employee force of about 2000 on their payroll ‘Think Data in its endeavor to explore niche markets has partnered with the Research Cell ofa local university headed by Professor Suryakant Shinde who has great experience in academic research. Professor Suryakant Shinde has developed a platform known as “Dost” for the purpose of collecting information and data for his research. Prof. Suryakant Shinde, for his research project on consumer preferences, designed « questionnaire and conducted a survey using the Dost platform to understand personal traits and collected information from various stakeholders across the globe. Every stakeholder who participated in the survey had to login or signup through Dost, and all the personal information of the stakeholders was stored in the Dost. ‘The researcher developed the questionnaire and collected the personality profiles of the participants of the survey and profiled every user with theit personality traits. In about three months, more than three million users across the globe took part in Prof. Suryakant Shinde’s survey and Dost users’ profile data was harvested. Prof. Suryakant Shinde’s survey was for the purpose of academic research. Prof. Suryakant Shinde shared the data harvested with Think Data as per the agreement with the Research Cell of the University without the knowledge and consent of the people being surveyed. The users data harvested was strategically collected from individuals of different professions including political parties, social and philanthropic organizations, business houses, medical professionals and others in addition to the employees and students, The information collected spread over a period of 3 years. ‘The data collected through Dost was analyzed according to their personality, location, taste & habits and their political affiliations and was sold to Think Data as per the terms agreed earlier. The data gathered through the profiling of Dost which was shared with Think Data continued for three years until Mr. Ramesh Sharma, a former employee of Think Data, through an unidentified source presented an Article in a famous newspaper “The First” which was titled “Data Heist”. Mr, Ramesh Sharma went onto National Television and presented his grievance and objection on the procuring of data through infringement of fundamental right to privacy, data mining, data analysis and misuse of the same by Think Data and Prof. Suryakant Shinde for commercial purpose. In response to the allegations made through media, the CEO of Think Data has categorically stated that there was no data breach since no passwords were stolen and used. It was used as per the agreement with Dost and was developed by Prof. Suryakant Shinde as per their request. He also assured that if required it would develop an app to force delete all Dost web search data by its users. He also assured to appoint an agency to investigate into the matter and submit a report A third-party auditor was hired by Think Data to investigate the wrong doings of Dost and Prof, Suryakant Shinde relating to data privacy. The investigator was also directed to find whether their ex-employee Mr. Ramesh Sharma was ethical and legal in going to the media with such an allegation about the company without informing the Think Data in the first instance. ). An NGO named “The Millennials” filed a petition under Article 226 of Constitution of India seeking appropriate orders to protect the rights under Article 21 of Constitution of India against Dost, Think Data and Prof. Suryakant Shinde before the Hon'ble High Court of Gujarat alleging that they had violated the data privacy of millions of users. > Following are the issues before the Hon’ble High Court of Gujarat: i) Whether there was infringement of right to privacy as envisaged under Article 21? ii) Whether the accused are guilty of criminal breach of trust r/w section 34 of Indian Penal Code, 1860? Whether there exists common intention amongst the accused? iv) Whether there was infringement of right to privacy in cyber space with reference to The Information Technology Act, 2000? Instructions: ‘Students shall have to present written memorials and oral arguments on behalf of both the parties on the issues presented and the laws in force. ‘The facts mentioned in the present case are fictitious and have been drafted solely for the purpose of the moot court. The faets, names, locations and dates bear no resemblance to any person, event or happening whether dead or alive. Any resemblance, if found is purely coincidental. The problem does not intend to hurt the feelings of any section or to offend any person. urce: Moot Problem 2, Shri NJ Yasaswi 6" Memorial International Moot Court Competition, 2021. ICFAI Law School, IFHE, Hyderabad, India. Modified version of moot problem prepared by Adv. Shri Rakshita Shah. shri Nikunj Rathod. Gujarati translation by Adv. 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