Advocate (Dr.) Prashant Mali's Blog

FIR - What is?  The first information report is a report giving information of the commission of a cognizable crime,  which may be made by the complainant (the term “Complainant” has been used herein the popular  sense) or by any other person knowing about the commission of such an offence. It is intended to set  the criminal law in motion.  A First Information Report is the most important document and forms the basis of the case for  prosecution. The word „First Information Report‟ has not been defined in the CrPC. By practice it has  come to mean the information disclosing commission of a cognizable offence and recorded under Sec.  154 CrPC.   The principal object of FIR is only to make a complaint to the police officer to set the criminal law in  motion while the secondary objective is to obtain early information of an alleged criminal activity and  to record the circumstances before there is time for such circumstances to b...

Brazilian LGPD & European GDPR Compared  Brazilian LGPD & European GDPR Compared  Brazilian General Data Protection Law ( Lei Geral de Protecao de Dados  or LGPD) , a law with many similarities to the European Union’s General Data Protection Regulation (the “GDPR”) is now effective.  On April 29 of this year, Brazil’s President issued Provisional Measure 959 that, amongst other things, postponed the effective date of the LGPD, which was originally set to be effective August 2020, to May 3, 2021.  Brazil’s Chamber of Deputies amended the measure so that the LGPD would take effect in December 2020.  The Senate then decided that any postponement was void because the effective date had already been decided by Congress.  The amended measure was sent to the President for his signature, providing him with the date of September 17, 2020 to sign the measure, which would make the law effective as of the original effective date, or veto it.  The Pres...

What’s Changed in the CPRA?  The California Privacy Rights Act of 2020   The California Privacy Rights Act of 2020 (CPRA) is the law now. With some exceptions, the CPRA expands privacy protections afforded under the current California Consumer Privacy Act of 2018 (CCPA), giving consumers more rights over their personal information and requiring greater transparency and obligations from businesses. Beyond new rights, the CPRA establishes a privacy enforcement agency - the California Privacy Protection Agency - that would be the first of its kind state agency dedicated to privacy enforcement. The CPRA also reaches areas of digital privacy untouched by the CCPA, including dark patterns, behavioral advertising, and profiling. In addition to these remarkable changes, the CPRA significantly amends existing rights and responsibilities presently enforced under the CCPA. The CPRA’s amendments serve to clarify ambiguous areas of the CCPA and, if passed, will better align the law’s text ...

Brexit effect on UK  data protection Laws & GDPR The UK is coming to the end of the Brexit transition period with a resolution on the future relationship with the EU seemingly very far away. While a wide-ranging deal seems increasingly unlikely, it is still possible we will get a number of hastily organised last-minute sectoral agreements and in many ways, data protection would be a prime candidate for this kind of deal given that the UK has already made provision to continue with the current regime, at least in the short term. If, however, no deal is forthcoming, the UK will become a third country for GDPR purposes on 1 January 2021 (implementation day or ID). What does that mean? The UK data protection regime from 1 January 2021 The UK has made preparations to adopt the GDPR to work as a piece of UK legislation in conjunction with the Data Protection Act 2018 (DPA18). The  draft Data Protection, Privacy and Electronic Communications (Amendment etc.) (EU Exit) Regulations...