CyberPeace Alert: Global Disruptions as CrowdStrike Update Triggers Windows BSOD
Research Wing
Innovation and Research
PUBLISHED ON
Jul 19, 2024
10
Overview:
It is worth stating that millions of Windows users around the world are facing the Blue Screen of Death (BSOD) problem that makes systems shutdown or restart. This has been attributed to a CrowdStrike update that was released recently and has impacted many organizations, financial institutions, and government agencies across the globe. Indian airlines have also reported disruptions on X (formerly Twitter), informing passengers about the issue.
Understanding Blue Screen of Death:
Blue Screen errors, also known as black screen errors or STOP code errors, can occur due to critical issues forcing Windows to shut down or restart. You may encounter messages like "Windows has been shut down to prevent damage to your computer." These errors can be caused by hardware or software problems.
Impact on Industries
Some of the large U. S. airlines such as American Airlines, Delta Airlines, and United Airlines had to issue ground stops because of communication problems. Also, several airports on Friday suffered a massive technical issue in check-in kiosks for IndiGo, Akasa Air, SpiceJet, and Air India Express.
The Widespread Issue
The issue seems widespread and is causing disruption across the board as Windows PCs are deployed at workplaces and other public entities like airlines, banks, and even media companies. It has been pointed out that Windows PCs use a special cybersecurity solution from a company called CrowdStrike that seems to be the culprit for this outage, affecting most Windows PC users out there.
Microsoft's Response
The issue was acknowledged by Microsoft and the mitigations are underway. The company in its verified X handle Microsoft 365 status has shared a series information on the latest outage and they are looking into the matter. The issue is under investigation.
In one of the posts from Microsoft Azure, it is mentioned that they have become aware of an issue affecting Virtual Machines (VMs) running Windows Client and Windows Server with the CrowdStrike Falcon agent installed. These VMs may encounter a bug check (BSOD) and become stuck in a restarting state. Their analysis indicates that this issue started approximately at 19:00 UTC on July 18th. They have provided recommendations as follows:
Restore from Backup: In case customers have available backups prior to 19:00 UTC on July 18th, they should recover VM data from the backups. If the customer is using Azure Backup, they can get exact steps on how to restore VM data in the Azure portal. here.
Offline OS Disk Repair: Alternatively, customers can attempt offline repair of the OS disk by attaching an unmanaged disk to the affected VM. Encrypted disks may require additional steps to unlock before repair. Once attached, delete the following file:
After deletion, reattach the disk to the original VM.
Microsoft Azure is actively investigating additional mitigation options for affected customers. We will provide updates as we gather more information.
Resolving Blue Screen Errors in Windows
Windows 11 & Windows 10:
Blue Screen errors can stem from both hardware and software issues. If new hardware was added before the error, try removing it and restarting your PC. If restarting is difficult, start your PC in Safe Mode.
To Start in Safe Mode:
From Settings:
Open Settings > Update & Security > Recovery.
Under "Advanced startup," select Restart now.
After your PC restarts to the Choose an option screen, select Troubleshoot > Advanced options > Startup Settings > Restart.
After your PC restarts, you'll see a list of options. Select 4 or press F4 to start in Safe Mode. If you need to use the internet, select 5 or press F5 for Safe Mode with Networking.
From the Sign-in Screen:
Restart your PC. When you get to the sign-in screen, hold the Shift key down while you select Power > Restart.
After your PC restarts, follow the steps above.
From a Black or Blank Screen:
Press the power button to turn off your device, then turn it back on. Repeat this two more times.
After the third time, your device will start in the Windows Recovery Environment (WinRE).
From the Choose an option screen, follow the steps to enter Safe Mode.
Additional Help:
Windows Update: Ensure your system has the latest patches.
Blue Screen Troubleshooter: In Windows, open Get Help, type Troubleshoot BSOD error, and follow the guided walkthrough.
Online Troubleshooting: Visit Microsoft's support page and follow the recommendations under "Recommended Help."
If none of those steps help to resolve your Blue Screen error, please try the Blue Screen Troubleshooter in the Get Help app:
In Windows, open Get Help.
In the Get Help app, type Troubleshoot BSOD error.
Follow the guided walkthrough in the Get Help app.
[Note: If you're not on a Windows device, you can run the Blue Screen Troubleshooter on your browser by going to Contact Microsoft Support and typing Troubleshoot BSOD error. Then follow the guided walkthrough under "Recommended Help."]
For detailed steps and further assistance, please refer to the Microsoft support portal or contact their support team.
CrowdStrike’s Response:
In the statement given by CrowdStrike, they have clearly mentioned it is not any cyberattack and their resources are working to fix the issue on Windows. Further, they have identified the deployment issue and fixed the same. Crowdstrike mentions about their problematic versions as follows:
“Channel file "C-00000291*.sys" with timestamp of 0527 UTC or later is the reverted (good) version.
Channel file "C-00000291*.sys" with timestamp of 0409 UTC is the problematic version.
Note: It is normal for multiple "C-00000291*.sys files to be present in the CrowdStrike directory - as long as one of the files in the folder has a timestamp of 0527 UTC or later, that will be the active content.”
The CrowdStrike will be providing latest updates on the same and advises their customers and organizations to contact their officials officially to get latest updates and accurate information. It is encouraged to refer to customer’s support portal for further help.
Stay safe and ensure regular backups to mitigate the impact of such issues.
The rapid digitization of educational institutions in India has created both opportunities and challenges. While technology has improved access to education and administrative efficiency, it has also exposed institutions to significant cyber threats. This report, published by CyberPeace, examines the types, causes, impacts, and preventive measures related to cyber risks in Indian educational institutions. It highlights global best practices, national strategies, and actionable recommendations to mitigate these threats.
Image: Recent CyberAttack on Eindhoven University
Significance of the Study:
The pandemic-induced shift to online learning, combined with limited cybersecurity budgets, has made educational institutions prime targets for cyberattacks. These threats compromise sensitive student, faculty, and institutional data, leading to operational disruptions, financial losses, and reputational damage. Globally, educational institutions face similar challenges, emphasizing the need for universal and localized responses.
Threat Faced by Education Institutions:
Based on the insights from the CyberPeace’s report titled 'Exploring Cyber Threats and Digital Risks in Indian Educational Institutions', this concise blog provides a comprehensive overview of cybersecurity threats and risks faced by educational institutions, along with essential details to address these challenges.
🎣 Phishing: Phishing is a social engineering tactic where cyber criminals impersonate trusted sources to steal sensitive information, such as login credentials and financial details. It often involves deceptive emails or messages that lead to counterfeit websites, pressuring victims to provide information quickly. Variants include spear phishing, smishing, and vishing.
💰 Ransomware: Ransomware is malware that locks users out of their systems or data until a ransom is paid. It spreads through phishing emails, malvertising, and exploiting vulnerabilities, causing downtime, data leaks, and theft. Ransom demands can range from hundreds to hundreds of thousands of dollars.
🌐 Distributed Denial of Service (DDoS): DDoS attacks overwhelm servers, denying users access to websites and disrupting daily operations, which can hinder students and teachers from accessing learning resources or submitting assignments. These attacks are relatively easy to execute, especially against poorly protected networks, and can be carried out by amateur cybercriminals, including students or staff, seeking to cause disruptions for various reasons
🕵️ Cyber Espionage: Higher education institutions, particularly research-focused universities, are vulnerable to spyware, insider threats, and cyber espionage. Spyware is unauthorized software that collects sensitive information or damages devices. Insider threats arise from negligent or malicious individuals, such as staff or vendors, who misuse their access to steal intellectual property or cause data leaks..
🔒 Data Theft: Data theft is a major threat to educational institutions, which store valuable personal and research information. Cybercriminals may sell this data or use it for extortion, while stealing university research can provide unfair competitive advantages. These attacks can go undetected for long periods, as seen in the University of California, Berkeley breach, where hackers allegedly stole 160,000 medical records over several months.
🛠️ SQL Injection: SQL injection (SQLI) is an attack that uses malicious code to manipulate backend databases, granting unauthorized access to sensitive information like customer details. Successful SQLI attacks can result in data deletion, unauthorized viewing of user lists, or administrative access to the database.
🔍Eavesdropping attack: An eavesdropping breach, or sniffing, is a network attack where cybercriminals steal information from unsecured transmissions between devices. These attacks are hard to detect since they don't cause abnormal data activity. Attackers often use network monitors, like sniffers, to intercept data during transmission.
🤖 AI-Powered Attacks: AI enhances cyber attacks like identity theft, password cracking, and denial-of-service attacks, making them more powerful, efficient, and automated. It can be used to inflict harm, steal information, cause emotional distress, disrupt organizations, and even threaten national security by shutting down services or cutting power to entire regions
Insights from Project eKawach
The CyberPeace Research Wing, in collaboration with SAKEC CyberPeace Center of Excellence (CCoE) and Autobot Infosec Private Limited, conducted a study simulating educational institutions' networks to gather intelligence on cyber threats. As part of the e-Kawach project, a nationwide initiative to strengthen cybersecurity, threat intelligence sensors were deployed to monitor internet traffic and analyze real-time cyber attacks from July 2023 to April 2024, revealing critical insights into the evolving cyber threat landscape.
Cyber Attack Trends
Between July 2023 and April 2024, the e-Kawach network recorded 217,886 cyberattacks from IP addresses worldwide, with a significant portion originating from countries including the United States, China, Germany, South Korea, Brazil, Netherlands, Russia, France, Vietnam, India, Singapore, and Hong Kong. However, attributing these attacks to specific nations or actors is complex, as threat actors often use techniques like exploiting resources from other countries, or employing VPNs and proxies to obscure their true locations, making it difficult to pinpoint the real origin of the attacks.
Brute Force Attack:
The analysis uncovered an extensive use of automated tools in brute force attacks, with 8,337 unique usernames and 54,784 unique passwords identified. Among these, the most frequently targeted username was “root,” which accounted for over 200,000 attempts. Other commonly targeted usernames included: "admin", "test", "user", "oracle", "ubuntu", "guest", "ftpuser", "pi", "support"
Similarly, the study identified several weak passwords commonly targeted by attackers. “123456” was attempted over 3,500 times, followed by “password” with over 2,500 attempts. Other frequently targeted passwords included: "1234", "12345", "12345678", "admin", "123", "root", "test", "raspberry", "admin123", "123456789"
Insights from Threat Landscape Analysis
Research done by the USI - CyberPeace Centre of Excellence (CCoE) and Resecurity has uncovered several breached databases belonging to public, private, and government universities in India, highlighting significant cybersecurity threats in the education sector. The research aims to identify and mitigate cybersecurity risks without harming individuals or assigning blame, based on data available at the time, which may evolve with new information. Institutions were assigned risk ratings that descend from A to F, with most falling under a D rating, indicating numerous security vulnerabilities. Institutions rated D or F are 5.4 times more likely to experience data breaches compared to those rated A or B. Immediate action is recommended to address the identified risks.
Risk Findings :
The risk findings for the institutions are summarized through a pie chart, highlighting factors such as data breaches, dark web activity, botnet activity, and phishing/domain squatting. Data breaches and botnet activity are significantly higher compared to dark web leakages and phishing/domain squatting. The findings show 393,518 instances of data breaches, 339,442 instances of botnet activity, 7,926 instances related to the dark web and phishing & domain activity - 6711.
Key Indicators: Multiple instances of data breaches containing credentials (email/passwords) in plain text.
Botnet activity indicating network hosts compromised by malware.
Credentials from third-party government and non-governmental websites linked to official institutional emails
Details of software applications, drivers installed on compromised hosts.
Sensitive cookie data exfiltrated from various browsers.
IP addresses of compromised systems.
Login credentials for different Android applications.
Below is the sample detail of one of the top educational institutions that provides the insights about the higher rate of data breaches, botnet activity, dark web activities and phishing & domain squatting.
Risk Detection:
It indicates the number of data breaches, network hygiene, dark web activities, botnet activities, cloud security, phishing & domain squatting, media monitoring and miscellaneous risks. In the below example, we are able to see the highest number of data breaches and botnet activities in the sample particular domain.
Risk Changes:
Risk by Categories:
Risk is categorized with factors such as high, medium and low, the risk is at high level for data breaches and botnet activities.
Challenges Faced by Educational Institutions
Educational institutions face cyberattack risks, the challenges leading to cyberattack incidents in educational institutions are as follows:
🔒 Lack of a Security Framework: A key challenge in cybersecurity for educational institutions is the lack of a dedicated framework for higher education. Existing frameworks like ISO 27001, NIST, COBIT, and ITIL are designed for commercial organizations and are often difficult and costly to implement. Consequently, many educational institutions in India do not have a clearly defined cybersecurity framework.
🔑 Diverse User Accounts: Educational institutions manage numerous accounts for staff, students, alumni, and third-party contractors, with high user turnover. The continuous influx of new users makes maintaining account security a challenge, requiring effective systems and comprehensive security training for all users.
📚 Limited Awareness: Cybersecurity awareness among students, parents, teachers, and staff in educational institutions is limited due to the recent and rapid integration of technology. The surge in tech use, accelerated by the pandemic, has outpaced stakeholders' ability to address cybersecurity issues, leaving them unprepared to manage or train others on these challenges.
📱 Increased Use of Personal/Shared Devices: The growing reliance on unvetted personal/Shared devices for academic and administrative activities amplifies security risks.
💬 Lack of Incident Reporting: Educational institutions often neglect reporting cyber incidents, increasing vulnerability to future attacks. It is essential to report all cases, from minor to severe, to strengthen cybersecurity and institutional resilience.
Impact of Cybersecurity Attacks on Educational Institutions
Cybersecurity attacks on educational institutions lead to learning disruptions, financial losses, and data breaches. They also harm the institution's reputation and pose security risks to students. The following are the impacts of cybersecurity attacks on educational institutions:
📚Impact on the Learning Process: A report by the US Government Accountability Office (GAO) found that cyberattacks on school districts resulted in learning losses ranging from three days to three weeks, with recovery times taking between two to nine months.
💸Financial Loss: US schools reported financial losses ranging from $50,000 to $1 million due to expenses like hardware replacement and cybersecurity upgrades, with recovery taking an average of 2 to 9 months.
🔒Data Security Breaches: Cyberattacks exposed sensitive data, including grades, social security numbers, and bullying reports. Accidental breaches were often caused by staff, accounting for 21 out of 25 cases, while intentional breaches by students, comprising 27 out of 52 cases, frequently involved tampering with grades.
⚠️Data Security Breach: Cyberattacks on schools result in breaches of personal information, including grades and social security numbers, causing emotional, physical, and financial harm. These breaches can be intentional or accidental, with a US study showing staff responsible for most accidental breaches (21 out of 25) and students primarily behind intentional breaches (27 out of 52) to change grades.
🏫Impact on Institutional Reputation: Cyberattacks damaged the reputation of educational institutions, eroding trust among students, staff, and families. Negative media coverage and scrutiny impacted staff retention, student admissions, and overall credibility.
🛡️ Impact on Student Safety: Cyberattacks compromised student safety and privacy. For example, breaches like live-streaming school CCTV footage caused severe distress, negatively impacting students' sense of security and mental well-being.
CyberPeace Advisory:
CyberPeace emphasizes the importance of vigilance and proactive measures to address cybersecurity risks:
Develop effective incident response plans: Establish a clear and structured plan to quickly identify, respond to, and recover from cyber threats. Ensure that staff are well-trained and know their roles during an attack to minimize disruption and prevent further damage.
Implement access controls with role-based permissions: Restrict access to sensitive information based on individual roles within the institution. This ensures that only authorized personnel can access certain data, reducing the risk of unauthorized access or data breaches.
Regularly update software and conduct cybersecurity training: Keep all software and systems up-to-date with the latest security patches to close vulnerabilities. Provide ongoing cybersecurity awareness training for students and staff to equip them with the knowledge to prevent attacks, such as phishing.
Ensure regular and secure backups of critical data: Perform regular backups of essential data and store them securely in case of cyber incidents like ransomware. This ensures that, if data is compromised, it can be restored quickly, minimizing downtime.
Adopt multi-factor authentication (MFA): Enforce Multi-Factor Authentication(MFA) for accessing sensitive systems or information to strengthen security. MFA adds an extra layer of protection by requiring users to verify their identity through more than one method, such as a password and a one-time code.
Deploy anti-malware tools: Use advanced anti-malware software to detect, block, and remove malicious programs. This helps protect institutional systems from viruses, ransomware, and other forms of malware that can compromise data security.
Monitor networks using intrusion detection systems (IDS): Implement IDS to monitor network traffic and detect suspicious activity. By identifying threats in real time, institutions can respond quickly to prevent breaches and minimize potential damage.
Conduct penetration testing: Regularly conduct penetration testing to simulate cyberattacks and assess the security of institutional networks. This proactive approach helps identify vulnerabilities before they can be exploited by actual attackers.
Collaborate with cybersecurity firms: Partner with cybersecurity experts to benefit from specialized knowledge and advanced security solutions. Collaboration provides access to the latest technologies, threat intelligence, and best practices to enhance the institution's overall cybersecurity posture.
Share best practices across institutions: Create forums for collaboration among educational institutions to exchange knowledge and strategies for cybersecurity. Sharing successful practices helps build a collective defense against common threats and improves security across the education sector.
Conclusion:
The increasing cyber threats to Indian educational institutions demand immediate attention and action. With vulnerabilities like data breaches, botnet activities, and outdated infrastructure, institutions must prioritize effective cybersecurity measures. By adopting proactive strategies such as regular software updates, multi-factor authentication, and incident response plans, educational institutions can mitigate risks and safeguard sensitive data. Collaborative efforts, awareness, and investment in cybersecurity will be essential to creating a secure digital environment for academia.
The Indian Ministry of Information and Broadcasting has proposed a new legislation. On the 10th of November, 2023, a draft bill emerged, a parchment of governance seeking to sculpt the contours of the nation's broadcasting landscape. The Broadcasting Services (Regulation) Bill, 2023, is not merely a legislative doctrine; it is a harbinger of change, an attestation to the storm of technology and the diversification of media in the age of the internet.
The bill, slated to replace the Cable Television Networks (Regulation) Act of 1995, acknowledges the paradigm shifts that have occurred in the media ecosystem. The emergence of Internet Protocol Television (IPTV), over-the-top (OTT) platforms and other digital broadcasting services has rendered the previous legislation a relic, ill-suited to the dynamism of the current milieu. The draft bill, therefore, stands at the precipice of the future, inviting stakeholders and the vox populi to weigh in on its provisions, to shape the edifice of regulation that will govern the airwaves and the digital streams.
Defining the certain Clauses of the bill
Clause 1 (dd) - The Programme
In the intricate tapestry of the bill's clauses, certain threads stand out, demanding scrutiny and careful consideration. Clause 1(dd), for instance, grapples with the definition of 'Programme,' a term that, in its current breadth, could ensnare the vast expanse of audio, visual, and written content transmitted through broadcasting networks. The implications are profound: content disseminated via YouTube or any website could fall within the ambit of this regulation, a prospect that raises questions about the scope of governmental oversight in the digital realm.
Clause 2(v) - The news and current affairs
Clause 2(v) delves into the murky waters of 'news and current affairs programmes,' a definition that, as it stands, is a maelstrom of ambiguity. The phrases 'newly-received or noteworthy audio, visual or audio-visual programmes' and 'about recent events primarily of socio-political, economic or cultural nature' are a siren's call, luring the unwary into a vortex of subjective interpretation. The threat of potential abuse looms larger, threatening the right to freedom of expression enshrined in Article 19 of the Indian Constitution. It is a clarion call for stakeholders to forge a definition that is objective and clear, one that is in accordance with the Supreme Court's decision in Shreya Singhal v. Union of India, which upheld the sanctity of digital expression while advocating for responsible content creation.
Clause 2(y) Over the Top Broadcasting Services
Clause 2(y) casts its gaze upon OTT broadcasting services, entities that operate in a realm distinct from traditional broadcasting. The one-to-many paradigm of broadcast media justifies a degree of governmental control, but OTT streaming is a more intimate affair, a one-on-one engagement with content on personal devices. The draft bill's attempt to umbrella OTT services under the broadcasting moniker is a conflation that could stifle the diversity and personalised nature of these platforms. It is a conundrum that other nations, such as Australia and Singapore, have approached with nuanced regulatory frameworks that recognise the unique characteristics of OTT services.
Clause 4(4) - Requirements for Broadcasters and Network Operators
The bill's journey through the labyrinth of regulation is fraught with other challenges. The definition of 'Person' in Clause 2(z), the registration exemptions in Clause 4(4), the prohibition on state governments and political parties from engaging in broadcasting in Clause 6, and the powers of inspection and seizure in Clauses 30(2) and 31, all present a complex puzzle. Each clause, each sub-section, is a cog in the machinery of governance that must be calibrated with precision to balance the imperatives of regulation with the freedoms of expression and innovation.
Clause 27 - Advisory Council
The Broadcast Advisory Council, envisioned in Clause 27, is yet another crucible where the principles of impartiality and independence must be tempered. The composition of this council, the public consultations that inform its establishment, and the alignment with constitutional principles are all vital to its legitimacy and efficacy.
A Way Forward
It is up to us, as participants in the democratic process and citizens, to interact with the bill's provisions as it makes its way through the halls of public discourse and legislative examination. To guarantee that the ultimate version of the Broadcasting Services (Regulation) Bill, 2023, is a symbol of advancement and a charter that upholds our most valued liberties while welcoming the opportunities presented by the digital era, we must employ the instruments of study and discussion.
The draft bill is more than just a document in this turbulent time of transition; it is a story of India's dreams, a testament to its dedication to democracy, and a roadmap for its digital future. Therefore, let us take this duty with the seriousness it merits, as the choices we make today will have a lasting impact on the history of our country and the media environment for future generations.
The much-awaited DPDP Rules have now finally been released in the official Gazette on 3rd January 2025 for consultation. The draft Digital Personal Data Protection Rules, 2025 (DPDP Rules) invites objections and suggestions from stakeholders that can be submitted on MyGov (https://mygov.in) by 18th February 2025.
DPDP Rules at Glance
Processing of Children's Data: The draft rules say that ‘A Data Fiduciary shall adopt appropriate technical and organisational measures to ensure that verifiable consent of the parent is obtained before the processing of any personal data of a child’. It entails that children below 18 will need parents' consent to create social media accounts.
The identity of the parents and their age can be verified through reliable details of identity and age available with the Data Fiduciary, voluntarily provided identity proof or virtual token mapped to the same. The data fiduciaries are also required to observe due diligence for checking that the individual identifying themselves as the parent is an adult who is identifiable, if required, in connection with compliance with any law for the time being in force in India. Additionally, the government will also extend exemptions from these specific provisions pertaining to processing of children's data to educational institutions, and child welfare organisations.
Processing of Personal Data Outside India: The draft rules specify that the transfer of personal data outside India, whether it is processed within the country or outside in connection with offering goods or services to individuals in India, is permitted only if the Data Fiduciary complies with the conditions prescribed by the Central Government through general or specific orders.
Intimation of Personal Data Breach: On becoming aware of a personal data breach, the Data Fiduciary must promptly notify the affected Data Principals in a clear and concise manner through their user account or registered communication method. This notification should include a description of the breach (nature, extent, timing, and location), potential consequences for the Data Principal, measures taken or planned to mitigate risks, recommended safety actions for the Data Principal, and contact information of a representative to address queries. Additionally, the Data Fiduciary must inform the Board without delay, providing details of the breach, its likely impact, and initial findings. Within 72 hours (or a longer period allowed by the Board upon request), the Data Fiduciary must submit updated information, including the facts and circumstances of the breach, mitigation measures, findings about the cause, steps to prevent recurrence, and a report on notifications given to affected Data Principals.
Data Protection Board: The draft rules propose establishing the Data Protection Board, which will function as a digital office, enabling remote hearings, and will hold powers to investigate breaches, impose penalties, and perform related regulatory functions.
Journey of Digital Personal Data Protection Act, 2023
The foundation for the single statute legislation on Data Protection was laid down in 2017, in the famous ‘Puttaswami judgment,’ which is also well recognised as the Aadhar Card judgment. In this case, ‘privacy’ was recognised as intrinsic to the right to life and personal liberty, guaranteed by Article 21 of the Constitution of India, thus making ‘Right to Privacy’ a fundamental right. In the landmark Puttaswamy ruling, the apex court of India stressed the need for a comprehensive data protection law.
Eight years on and several draft bills later, the Union Cabinet approved the Digital Personal Data Protection Bill (DPDP) on 5th July 2023. The bill was tabled in the Lok Sabha on 3rd August 2023, and It was passed by Lok Sabha on 7th August, and the bill passed by Rajya Sabha on 9th August and got the president's assent on 11th August 2023; and India finally came up with the ‘Digital Personal Data Protection Act, 2023. This is a significant development that has the potential to bring about major improvements to online privacy and the handling of digital personal data by the platforms.
The Digital Personal Data Protection Act, 2023, is a newly-enacted legislation designed to protect individuals' digital personal data. It aims to ensure compliance by Data Fiduciaries and imposes specific obligations on both Data Principals and Data Fiduciaries. The Act promotes consent-based data collection practices and establishes the Data Protection Board to oversee compliance and address grievances. Additionally, it includes provisions for penalties of up to ₹250 crores in the event of a data breach. However, despite the DPDP Act being passed by parliament last year, the Act has not yet taken effect since its rules and regulations are still not finalised.
Conclusion
It is heartening to see that the Ministry of Electronics and Technology (MeitY) has finally released the draft of the much-awaited DPDP rules for consultation from stakeholders. Though noting certain positive aspects, there is still room for addressing certain gaps and multiple aspects under the draft rules that require attention. The public consultation, including the inputs from the tech platforms, is likely to see critical inputs on multiple aspects under the proposed rules. One such key area of interest will be the requirement of verifiable parental consent, which will likely include recommendations for a balanced approach which maintains children’s safety and mechanisms for the requirement of verifiable consent. The Provisions permitting government access to personal data on grounds of national security are also expected to face scrutiny. The proposed rules, after the consultation process, will be taken into consideration for finalisation after 18th February 2025. The move towards establishing a robust data protection law in India signals a significant step toward enhancing trust and accountability in the digital ecosystem. However, its success will hinge on effective implementation, clear compliance mechanisms, and the adaptability of stakeholders to this evolving regulatory landscape.
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