#FactCheck-AI-Generated Viral Image of US President Joe Biden Wearing a Military Uniform

Introduction

Misinformation has been a significant concern in recent times, especially in the online information landscape. This past month, misinformation has been linked to the communal tensions that have flared up in the North Tripura district. While the law enforcement agencies were quick to respond, misinformation about the law and order situation spread rapidly. Shri Amitabh Ranjanon, Tripura’s Director General of Police, issued a public statement on 21st October 2024, Monday, clarifying “The state's law and order situation has improved, and misinformation is being spread about it”. This instance is a classic example of how misinformation can affect the delivery of good governance to citizens or hamper the relationship between the citizenry and the state mechanisms. Such misinformation undermines the efforts of the law enforcement agencies striving to maintain peace, and distorted narratives can colour public opinion about the authorities and create cycles of misplaced distrust. 

DGP's Statement

DGP Amitabh Ranjanon clarified during an event to commemorate Police Commemoration Day, stating that the state has recorded a lesser number of crimes this year compared to the last 10 years. He emphasized that senior police officials promptly respond to any law and order issues and additional forces have been deployed as necessary. Ranjan highlighted the peaceful celebration of Durga Puja as a testament to the effective law enforcement measures in place, demonstrating communal harmony. 

Impact of Misinformation in communal settings

Misinformation in communal settings can cause anxiety, fear, and distrust among community members, leading to conflicts. It undermines public confidence in law enforcement and government institutions. The spread of false information can erode trust in law enforcement and government bodies, hindering their ability to address and solve conflicts. Therefore, precise data and accurate information are essential in every environment to avoid the harm caused by misinformation. 

Preventive Measures Against Misinformation

1. Look for authenticated sources

In a digital landscape filled with information from various sources, it’s essential to differentiate between credible and unreliable content. Authenticated sources are typically reputable organizations and officials. Users must rely on authenticated sources to ensure the information's accuracy and credibility. Users must verify the source, confirm the claims made in the source by comparing them with other credible sources for accuracy, and follow fact-checking practices.

2. Exercise caution on social media information

Social media platforms can rapidly disseminate information, but they can also serve as breeding grounds for misinformation. The ease of sharing content can lead to the spread of unverified claims, rumours, or even outright falsehoods. Therefore, exercising caution when engaging with information on these platforms is crucial. Users must scrutinize headlines and images as well, especially since misleading images can distort the truth with the advent of AI.  One must always read beyond the headline and check the context of the images used and not make split-second decisions and impressions. Users must engage in critical thinking and share informed opinions responsibly, to promote discussions about the validity of shared content.

3. Role of Awareness

Awareness about misinformation is essential for navigating the complexities of modern communication. People can make better decisions and help create a more informed society by being aware of the strategies used to disseminate false information. Users need to become knowledgeable about typical misinformation strategies, hone their cognitive abilities to critically assess internet content, and verify the reliability of sources before they form opinions, make decisions or share ahead.

Final words

By integrating these simple best practices into our daily lives we can cultivate a more informed public, reduce the spread of online misinformation, and enhance critical thinking skills among peers and the larger digital community.

References

1. https://www.theweek.in/wire-updates/national/2024/10/21/cal8-tr-dgp.html
2. https://www.newindianexpress.com/nation/2024/Oct/21/tripura-dgp-says-misinformation-being-spread-about-states-law-and-order-situation
3. https://indianexpress.com/article/north-east-india/tripura/police-inaction-tripura-dgp-amitabh-ranjan-sharp-decline-crime-rate-9632509/
4. https://www.newindianexpress.com/nation/2024/Oct/21/tripura-dgp-says-misinformation-being-spread-about-states-law-and-order-situation

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Introduction

Cybersecurity remains a crucial component in the modern digital era, considering the growing threat landscape caused by our increased reliance on technology and the internet. The Karnataka Government introduced a new ‘Cyber Security Policy 2024’ to address increasing cybercrimes and enhance protection measures for the State's digital infrastructure through awareness, skill development, public-private collaborations, and technology integration. Officials stated that the policy highlights various important aspects including raising awareness and providing education, developing skills, supporting the industry and start-ups, as well as forming partnerships and collaborations for enhancing capacity.

Key Highlights

• The policy consists of two components. The initial segment emphasizes creating a robust cyber security environment involving various sectors such as the public, academia, industry, start-ups, and government. The second aspect of the policy aims to enhance the cybersecurity status of the State's IT resources. Although the initial section will be accessible to the public, the second portion will be restricted to the state's IT teams and departments for their IT implementation.
• The Department of Electronics, IT, BT and S&T, the Department of Personnel and Administrative Reforms (e-Governance),and the Home Department, in collaboration with stakeholders from government and private sectors, have collectively formulated this policy. The Indian Institute of Science, the main institute for the state's K-tech Centre of Excellence for Cyber Security (CySecK), also examined the policy.
• The Department of Electronics, IT, BT and S&T, the Department of Personnel and Administrative Reforms (e-Governance),and the Home Department, in collaboration with stakeholders from government and private sectors, have collectively formulated this policy. The Indian Institute of Science, the main institute for the state's K-tech Centre of Excellence for Cyber Security (CySecK), also examined the policy.
• Approximately ₹103.87 crore will be spent over five years to implement the policy, which would be fulfilled from the budget allocated to the Department of Information Technology and Biotechnology and Science & Technology. A total of ₹23.74 crore would be allocated for offering incentives and concessions.
• The policy focuses on key pillars of building awareness and skills, promoting research and innovation, promoting industry and start-ups, partnerships and collaborations for capacity building.
• Karnataka-based undergraduate and postgraduate interns will receive a monthly stipend of INR 10,000- Rs15,000 fora maximum duration of three months under the internship program. The goal is to support 600 interns at the undergraduate level and 120 interns at the post-graduate level within the policy timeframe.
• Karnataka-based start-ups collaborating with academic institutes can receive matching grants of up to 50% of the total R&D cost for cybersecurity projects, or a maximum of ₹50 lakh.
• Reimbursement will be provided for expenses up to a maximum of INR 1 Lakh for start-ups registered with Karnataka Start-up Cell who engage CERT-In empanelled service providers from Karnataka for cyber security audit.
• The Karnataka government has partnered with Meta to raise awareness on cyber security. By reaching out to educational institutions, schools and colleges, it is piloted to provide training to 1 lakh teachers and educate 1 million children on online safety.

CyberPeace Policy Wing Outlook

The Cyber Security Policy, 2024 launched by the Karnataka government is a testament to the state government's commitment to strengthening the cyber security posture and establishing cyber resilience. By promoting and supporting research and development projects, supporting startups, and providing skill training internships, and capacity building at a larger scale, the policy will serve asa positive step in countering the growing cyber threats and establishing a peaceful digital environment for all. The partnership and collaboration with tech companies will be instrumental in implementing the capacity-building initiatives aimed at building cognitive and skill defenses while navigating the digital world. The policy will inspire other state governments in their policy initiatives for building safe and secure cyber-infrastructure in the states by implementing strategies tailored to the specific needs and demands of each state in building safe digital infrastructure and environment.

References:

• https://www.hindustantimes.com/cities/bengaluru-news/karnataka-govt-launches-new-cyber-security-policy-amid-frequent-scams-101722598078117.html
• https://ciso.economictimes.indiatimes.com/amp/news/grc/karnataka-govt-launches-new-cyber-security-policy/112214121
• https://cybermithra.in/2024/08/09/karnataka-cyber-security-policy/

• https://itbtst.karnataka.gov.in/storage/pdf-files/ITBT48ADM2021EngCABINET-GO.pdf

Modern international trade heavily relies on data transfers for the exchange of digital goods and services. User data travels across multiple jurisdictions and legal regimes, each with different rules for processing it. Since international treaties and standards for data protection are inadequate, states, in an effort to protect their citizens' data, have begun extending their domestic privacy laws beyond their borders. However, this opens a Pandora's box of legal and administrative complexities for both, the data protection authorities and data processors. The former must balance the harmonization of domestic data protection laws with their extraterritorial enforcement, without overreaching into the sovereignty of other states. The latter must comply with the data privacy laws in all states where it collects, stores, and processes data. While the international legal community continues to grapple with these challenges, India can draw valuable lessons to refine the Digital Personal Data Protection Act, 2023 (DPDP) in a way that effectively addresses these complexities.

Why Extraterritorial Application? 

Since data moves freely across borders and entities collecting such data from users in multiple states can misuse it or use it to gain an unfair competitive advantage in local markets, data privacy laws carry a clause on their extraterritorial application. Thus, this principle is utilized by states to frame laws that can ensure comprehensive data protection for their citizens, irrespective of the data’s location.  The foremost example of this is the European Union’s (EU) General Data Protection Regulation (GDPR), 2016,  which applies to any entity that processes the personal data of its citizens, regardless of its location. Recently, India has enacted the DPDP Act of 2023, which includes a clause on extraterritorial application.

The Extraterritorial Approach: GDPR and DPDP Act

The GDPR is considered the toughest data privacy law in the world and sets a global standard in data protection. According to Article 3, its provisions apply not only to data processors within the EU but also to those established outside its territory, if they offer goods and services to and conduct behavioural monitoring of data subjects within the EU. The enforcement of this regulation relies on heavy penalties for non-compliance in the form of fines up to €20 million or 4% of the company’s global turnover, whichever is higher, in case of severe violations. As a result, corporations based in the USA, like Meta and Clearview AI, have been fined over  €1.5 billion and €5.5 million respectively, under the GDPR. 

Like the GDPR, the DPDP Act extends its jurisdiction to foreign companies dealing with personal data of data principles within Indian territory under section 3(b). It has a similar extraterritorial reach and prescribes a penalty of up to Rs 250 crores in case of breaches. However, the Act or DPDP Rules, 2025, which are currently under deliberation, do not elaborate on an enforcement mechanism through which foreign companies can be held accountable. 

Lessons for India’s DPDP on Managing Extraterritorial Application 

1. Clarity in Definitions: GDPR clearly defines ‘personal data’, covering direct information such as name and identification number,  indirect identifiers like location data, and, online identifiers that can be used to identify the physical, physiological, genetic, mental, economic, cultural, or social identity of a natural person. It also prohibits revealing special categories of personal data like religious beliefs and biometric data to protect the fundamental rights and freedoms of the subjects. On the other hand, the DPDP Act/ Rules define ‘personal data’ vaguely, leaving a broad scope for Big Tech and ad-tech firms to bypass obligations. 
2. International Cooperation: Compliance is complex for companies due to varying data protection laws in different countries. The success of regulatory measures in such a scenario depends on international cooperation for governing cross-border data flows and enforcement. For DPDP to be effective, India will have to foster cooperation frameworks with other nations. 
3. Adequate Safeguards for Data Transfers: The GDPR regulates data transfers outside the EU via pre-approved legal mechanisms such as standard contractual clauses or binding corporate rules to ensure that the same level of protection applies to EU citizens’ data even when it is processed outside the EU. The DPDP should adopt similar safeguards to ensure that Indian citizens’ data is protected when processed abroad.
4. Revised Penalty Structure: The GDPR mandates a penalty structure that must be effective, proportionate, and dissuasive. The supervisory authority in each member state has the power to impose administrative fines as per these principles, up to an upper limit set by the GDPR. On the other hand, the DPDP’s penalty structure is simplistic and will disproportionately impact smaller businesses. It must take into regard factors such as nature, gravity, and duration of the infringement, its consequences, compliance measures taken, etc.
5. Governance Structure: The GDPR envisages a multi-tiered governance structure comprising of   

• National-level Data Protection Authorities (DPAs) for enforcing national data protection laws and the GDPR, 
• European Data Protection Supervisor (EDPS) for monitoring the processing of personal data by EU institutions and bodies,  
• European Commission (EC) for developing GDPR legislation
• European Data Protection Board (EDPB) for enabling coordination between the EC, EDPS, and DPAs

In contrast, the Data Protection Board (DPB) under DPDP will be a single, centralized body overseeing compliance and enforcement. Since its members are to be appointed by the Central Government, it raises questions about the Board’s autonomy and ability to apply regulations consistently. Further, its investigative and enforcement capabilities are not well defined.

Conclusion 

The protection of the human right to privacy ( under the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights) in today’s increasingly interconnected digital economy warrants international standard-setting on cross-border data protection. In the meantime, States relying on the extraterritorial application of domestic laws is unavoidable. While India’s DPDP takes measures towards this, they must be refined to ensure clarity regarding implementation mechanisms. They should push for alignment with data protection laws of other States, and account for the complexity of enforcement in cases involving extraterritorial jurisdiction. As India sets out to position itself as a global digital leader, a well-crafted extraterritorial framework under the DPDP Act will be essential to promote international trust in India’s data governance regime.

Sources

• https://gdpr-info.eu/art-83-gdpr/ 
• https://gdpr-info.eu/recitals/no-150/ 
• https://gdpr-info.eu/recitals/no-51/ 
• https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf 
• https://www.eqs.com/compliance-blog/biggest-gdpr-fines/#:~:text=ease%20the%20burden.-,At%20a%20glance,In%20summary 
• https://gdpr-info.eu/art-3-gdpr/ 
• https://www.legal500.com/developments/thought-leadership/gdpr-v-indias-dpdpa-key-differences-and-compliance-implications/#:~:text=Both%20laws%20cover%20'personal%20data,of%20personal%20data%20as%20sensitive. 

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