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Protecting Privacy in the Era of Artificial Intelligence

Abstract Artificial Intelligence has emerged with real-time challenges as It has brought along with it both pros-cons, and the cons are needed to be fixed from the outset. As AI has a direct cohesion with data protection issues. If we are to cite an example that can be of an individual’s personal information which is hugely scrapped from almost all the platforms which have a colossal database. Now having cited this example invokes security issues in regard to the personal data of individuals. Whenever in recent scenarios of technological advancement any major challenges occur then we tend to be concerned for remedial measures which ultimately is the privacy of data principals. However, these same technological innovations raise important issues, including a dilemma regarding the relation between AI and data protection laws that how can they supplement each other in sorting data related deformities. Now, this is the high time where we have both an opportunity and the obligat

Management of the trade secret assets in the domain of public interest

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Managing the relevant information from disclosure is one of the great aspects of trade a secret which needs to be regulated by the following order of arrangement: Risk assessment A trade secret protection plan, after defining the types of information to be covered, will define the risk structures and mitigation steps necessary to the danger. What are the importance of the trade secret and the correct scope of the safeguard measures? In the terms, trade secrets information without permission may be taken, used or released, why, how, and by whom? All related management of the company or organizations and its external independent contractors, the supply chain for suppliers or employees or other external interested persons such as rivals or rival businessmen may be subjected to the same analysis. Naturally, all secrets or sensitive information need not be worth the unique degree of disclosure protection. Benefit and risk differ from time to time depending on the needs of individual

A Theory of Privacy

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  ABSTRACT In the age of Big Data Analytics and COVID-19 Apps, the conventional conception of privacy that focuses excessively on the identification of the individual is inadequate to safeguard the identity and autonomy of the individual. An individual’s autonomy can be impaired and her control over her social identity diminished, even without infringing the anonymity surrounding her personal identity. A century-old individualistic conception of privacy that was designed to safeguard a person from unwarranted social interference is incapable of protecting her autonomy and identity when she is being targeted on the basis her interdependent social and algorithmic group affiliations. In order to overcome these limitations, in this paper, I develop a theoretical framework in form of a triumvirate model of group right to privacy (GRP), which is based on privacy as a social value (Pv). An individual has an interest in protecting her social identity arising out of her participation in social

Revisiting the Enforceability of Online Contracts: The Need for Unambiguous Assent to Inconspicuous Terms

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  ABSTRACT In determining the enforceability of online contracts, namely those formed from the use of smartphone applications, courts typically look to whether the contract terms were reasonably conspicuous or communicated to the consumer. With the rise of ‘browse-wrap’ contracts, where terms are not directly communicated to the consumer or where the consumer is not required to click the equivalent of an ‘I agree’ button clearly manifesting assent to the terms, courts have inconsistently applied the reasonable communicativeness standard to the detriment of consumers and application developers alike. This Comment will explore the development of browse-wrap contracting jurisprudence and the need to embrace the  Specht v Netscape Communications Corp  and GDPR requirements that all contracts entered into online are only enforceable once the consumer clearly and unambiguously manifests assent to the contract’s terms. Tom Mozingo ,  Revisiting the Enforceability of Online Contracts: The Need

Managing and identifying the trade secret as a guidance for business

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  It is necessary to first understand in order for an organization to protect its trade secrets, what that information or knowledge is, again how it participates in the valuation of the goods, services or services of the company and what the consequences of its exposure, misappropriation are. Initially the greater the responsibility lies with the commercial sector or role which discovers such knowledge of resources. Any sensitive professional information which offers a competitive advantage should be identified, at least by definition, and then subject to security measures proportional to its perceived significance and risk. What amounts the identification of trade secret in general terms What counts as a trade secret is a significant first step in the gross management of the valuable knowledge wealth of a corporation, whether they develop into patent applications are kept for internal protection, are used or are sold by a collaboration firm or licensing authority. Using such infor

Trade Secrets under Contract Law

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No clear legislation as far as Trade Secret and Confidential Information is protected by law in India. The mechanisms from which courts in India have secured trade secrets and other important knowledge are the concepts of justice and common law violation and contractual obligations. It is from Section 27 of the Indian Contract Act, 1872 that explains that the trade-restraint arrangement is void. [1] Section 27 is general in its terms and states that all trade-restraint agreements, except as stated, are void pro tanto . Special trade security won't add additional technologies to keep the knowledge safe. This section was initially highly restrictive in declaring trade controls null and void, both general and partial. However, it is also important to remember here that the law was implemented at a time when trade was at the point of growth and the purpose underlying the provision was, in fact, to protect trade from restrictions. There is no reason why a more liberal approach shoul

Essentials of the violation of a trade secret

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  It is clear that the definition of ‘misappropriation’ as given in the United States and the European Union, [1] It is similar in nature in that the European Union Directive was meant to comply with Article 39 of the TRIPS Agreement, which was largely based on the principles of US law. Article 4 of the Directives on the European Union describes misappropriation as the unauthorized acquisition, use or disclosure of trade secrets. The possession, use or misappropriation of a trade secret without the permission of the owner of the trade secret holder shall be considered not to be genuine and, thus, unlawful if it is impeded by unauthorized users, the theft or copying of any data items, products, substances or electronic files containing the trade secret and legitimately subject to active and direct control The use or disclosure of a trade secret is said to be invalid when: a. The trade secret was obtained invalidly, or b. This conduct constitutes breach of a contractual or other

The legal protection of trade secrets in comparison to other intellectual property rights

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The TRIPS Agreement provides for WTO member countries to secure the meeting of confidential information in relation to certain conditions, so as to enable them to “prevent the disclosure, obtainment or use of information which is not unlawfully within their control by others without their prior consent in a manner contrary to honest economic practices” [1]    Although different countries shield these classified information under general unfair competition laws, unique trade secret laws were adopted in 2016 in the European Union (Trade Secrets Directive) and in the United States (Defend Trade Secrets Act, DTSA) at the federal level. The latter amended the 1996 Economic Espionage Act (EEA) to create a private or individual right of action for misappropriation or misuse of trade secrets relating to domestic or foreign commerce, without displacing any State trade secret legislation. [2] Trade secrets are usually secured, unlike licensed intellectual property rights, without any procedur

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