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Pavan Duggal

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Pavan Duggal[1] is an Indian advocate specialized in the field of cyberlaw and e-commerce law. He is also a member of NOMCOM Committee on Multilingual Internet Names Consortium (MINC).[2] Pavan's was for some time a recognized face as an English newsreader with the Indian state run television network Doordarshan. Pavan Duggal[3] is the Conference Director[4] of the International Conference on Cyberlaw, Cybercrime & Cybersecurity[5] organized by Cyberlaws.Net.[6] Pavan Duggal[7] is the Chairman of the International Commission on Cyber Security Law[7]

Pavan Duggal is an advocate specialized in the field of Cyberlaw, E-Commerce law.

Achievements

He has been a member of number of committees namely:

  • Permanent Monitoring Panel (PMP) on Information Security, established by World Federation of Scientists[8]
  • The ICANN Nominating Committee representing the Asia Pacific region, 2003 and 2004.[9]
  • Membership Advisory Committee of The Internet Corporation for Assigned Names and Numbers (ICANN).[10]

Other

Pavan has pointed out numerous legal policy and regulatory issues concerning Bitcoins including their legalities and the difficulties in enforcing them in the legal jurisdiction, apart from challenges pertaining to the choices of jurisdictions in the event of dispute pertaining to payments made by Bitcoins[11] He has commented that the Government's move to amend the Indian Information Technology Act, 2000 is not enough.[12] He has opined that by making the Superintendent of Police or an officer above to register cases under Section 66A of the Information Technology Act 2000 is like fixing a leaking roof with band aid.[13]

In the context of the passing of the law concerning India's national biometric identity being Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. Pavan Duggal has opined that there is a need to expand Aadhaar only after 'national security' is defined. He has stated that the term "national security" has not been defined, thus making the aforesaid provision open to a wide interpretation. In the absence of a definition, any and every circumstance could be brought under the purview of national security. The law needs to put in place crystal-clear parameters as to what constitutes national security, when it talks of sharing of personally data with third parties.[14]

In the Context of India's Aadhaar Law and Cyber Security, Pavan Duggal has opined that issues pertaining to cyber security of Aadhaar ecosystem need to be very well examined and analyzed. He has opined that the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 not only symbolizes the biometric identity of individuals, but it also symbolizes biometric and demographic face of the biggest democracy in the world.[15]

He has argued that with the Government of India making Aadhaar mandatory, there is a need for revisiting and amending the Aadhaar law so as to address the cyber security and other concerns of the Aadhaar ecosystem. He has further highlighted that currently, privacy protection in Aadhaar is not strong in India.[16]

Pavan has described the judgment of Justice K S Puttaswamy (Retd.), And Anr. v/s Union of India pertaining to right to privacy as the historic judgment and having tremendous impact. He has pointed out that the said judgment is only applicable to the state and all instrumentality of the state as fundamental rights are only enforceable applicable against state action under the Indian Constitution.[17]

Pavan Duggal was appointed as Amicus Curiae in the landmark case of X vs. Union of India, W.P. (Crl) No. 1082/2020 by Delhi High Court.[18]

For examining the statutory landscape, the technological limitations and the reality, the Court appointed Dr Pavan Duggal, Advocate, specialising in cyber law and cyber crime, as Amicus Curiae,[19] as also to assist the Court in addressing issues involved in the said petition.[20]

The judgement also contains the submissions of Mr Pavan Duggal the noted Cyber Law expert where a good summary of the applicable law is available. Given the international experience of Mr Pavan Duggal who was the Amicus Curiae in the hearing, the judgement will be a very useful reference document for all students of Cyber Law.[21]

The said judgment has been lauded from the perspective of Cyberlaw jurisprudence. In the said matter, Pavan Duggal assisted the Court in such an admirable manner that the Court was pleased to note in para 96 of the judgment dated 20/4/2021 that “this court records its deep appreciation for the invaluable assistance rendered in the matter by the learned Amicus Curiae Dr. Pavan Duggal.”[22]

Publications

He has written several books/eBooks on various diverse and complex aspects concerning the legalities of policy related issues impacting cyberspace, Internet and the World Wide Web. He has authored India's first mobile law treatise, which focuses on litigation and jurisprudence vis-à-vis mobile communication devices.[23]

References

  1. ↑ Brief Profile at cdit, Profile
  2. ↑ MINC, MINC Committee Member
  3. ↑ http://www.weforum.org/contributors/pavan-duggal
  4. ↑ http://cyberlawcybercrime.com/?page_id=74
  5. ↑ http://cyberlawcybercrime.com/
  6. ↑ "About-CyberLaws.net". cyberlaws.net.
  7. ↑ 7.0 7.1 "» Dr. Pavan Duggal".
  8. ↑ http://www.itu.int/dms_pub/itu-s/opb/gen/S-GEN-WFS.02-1-2014-PDF-E.pdf
  9. ↑ ICANN's Nominating Committee, At-Large Advisory Committee Announces Delegates to ICANN's Nominating Committee, Appointments to ALAC Posts
  10. ↑ ICANN Membership Advisory Committee, ICANN Membership Advisory Committee
  11. ↑ Story, Inside. "Cashing in on the Bitcoin boom". www.aljazeera.com.
  12. ↑ https://storify.com/100003672905282/pavan-duggal-govt-s-move-to-amend-draconian-indian
  13. ↑ Nanjappa, Vicky. "New IT Act guidelines: Fixing leaking roof with band aid". Rediff.
  14. ↑ "Expand Aadhaar only after 'national security' is defined. Pavan Duggal on the contentious Bill". CatchNews.com.
  15. ↑ http://computer.financialexpress.com/columns/indias-aadhaar-law-and-cyber-security-with-a-legal-eye/17347/
  16. ↑ Taneja, Mansi (September 6, 2017). "Currently, privacy protection under Aadhaar is not strong: Pavan Duggal". DNA India.
  17. ↑ Ghosal, Sayan (August 25, 2017). "Right to Privacy: Lawyers expect spurt in privacy-related litigation" – via Business Standard.
  18. ↑ http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=122822&yr=2020. {{cite web}}: Missing or empty |title= (help)
  19. ↑ https://www.scconline.com/blog/post/2021/04/26/breach-of-privacy/. {{cite web}}: Missing or empty |title= (help)
  20. ↑ https://www.jcvindia.com/x-vs-union-of-india-and-ors-on-6-march-2021/. {{cite web}}: Missing or empty |title= (help)
  21. ↑ https://www.naavi.org/wp/delhi-high-court-guidelines-on-section-79-of-ita-2000/. {{cite web}}: Missing or empty |title= (help)
  22. ↑ https://indiankanoon.org/doc/190535334/. {{cite web}}: Missing or empty |title= (help)
  23. ↑ http://www.knowyourmobile.in/products/5278/indias-first-mobile-law-treatise-everything-you-need-know.

External links

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