DPDP Bill 2023 A Comparative Analysis
Introduction
THE DIGITAL PERSONAL DATA PROTECTION BILL, 2022 Released for Public Consultation on November 18, 2022THE DIGITAL PERSONAL DATA PROTECTION BILL, 2023Tabled at LokSabha on August 03. 2023Personal data may be processed only for a lawful purpose for which an individual has given consent. Consent may be deemed in certain cases.The 2023 bill imposes reasonable obligations on data fiduciaries and data processors to safeguard digital personal data.There is a Data Protection Board under the 2022 bill to deal with the non-compliance of the Act.Under the 2023 bill, there is the Establishment of a new Data Protection Board which will ensure compliance, remedies and penalties.
Under the new bill, the Board has been entrusted with the power of a civil court, such as the power to take cognisance in response to personal data breaches, investigate complaints, imposing penalties. Additionally, the Board can issue directions to ensure compliance with the act.The 2022 Bill grants certain rights to individuals, such as the right to obtain information, seek correction and erasure, and grievance redressal.The 2023 bill also grants More Rights to Individuals and establishes a balance between user protection and growing innovations. The bill creates a transparent and accountable data governance framework by giving more rights to individuals. In the 2023 bill, there is an Incorporation of Business-friendly provisions by removing criminal penalties for non-compliance and facilitating international data transfers.
The new 2023 bill balances out fundamental privacy rights and puts reasonable limitations on those rights.Under the 2022 bill, Personal data can be processed for a lawful purpose for which an individual has given his consent. And there was a concept of deemed consent.The new data protection board will carefully examine the instance of non-compliance by imposing penalties on non-compiler.The bill does not provide any express clarity in regards to compensation to be granted to the Data Principal in case of a Data Breach.Under 2023 Deemed consent is there in its new form as ‘Legitimate Users’.The 2022 bill allowed the transfer of personal data to locations notified by the government.There is an introduction of the negative list, which restricts cross-data transfer.
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Introduction
As the sun rises on a new chapter in the Indian telecommunications narrative, the corridors of power in New Delhi are abuzz with palpable excitement and a hint of solemnity. Here, a groundbreaking proposal stands before the lawmakers of the Lok Sabha, not simply a proposed amendment or update to an existing statute, but the cornerstone of a reimagined communications epoch—the Telecommunications Bill of 2023. In every sense, this legislative masterpiece embodies a country at the intersection of tradition and innovation, eager to part ways with vestiges of colonial infrastructure that have shaped its modern landscape.
The Origins
Steeped in history, India's telecommunications system has persevered through a patchwork of regulations and ad hoc policies, growing somewhat unwieldy under the shadow of the Indian Telegraph Act (1885), the Wireless Telegraphy Act (1933), and the Telegraph Wires (Unlawful Possession) Act (1950). Yet, it is within this context of the old guard, a relic of British administration, that the new Telecommunications Bill seeks to transcend the limitations of the past. It aims to dismantle barriers and create an ecosystem that is fluid, adaptable, and resonant with the rapid cadence of technological advancements and the demands of a population increasingly reliant on digital connectivity.
In crafting this bill, the creators have meticulously knitted together an intricate fabric of vibrant threads, each signifying a pillar of progress. To herald an era of unparalleled growth and dynamism, the bill looks beyond the scope of traditional telecommunication services, boldly embracing the convergence of digital mediums such as wire, radio, and optical fibers, aligning with the modalities of 21st-century communication. The bill’s very essence is innovation, etching a new paradigm through its provisions and signalling India's readiness to interface with the ever-expanding digital frontier.
The Defining Features
A novel and defining feature of this bill is its departure from a rigid licensing regime. It forges ahead with 'authorizations'—a signifier that resonates with flexibility, adaptability, and a regulatory approach that isn't mired in bureaucratic inertia but is rather an enabler of swift technological adoption and market responsiveness. This transformative philosophy signifies a departure from the byzantine processes of yore, orbiting instead toward an agile governance model that is both responsive to current needs and anticipative of future trends.
The introduction of mandatory biometric authentication for telecom customers articulates an unyielding stance against the rampant misuse of communication networks. Indeed, this measure draws a fine line between the right to privacy and the exigencies of data protection, posing ethical questions that animate public discourse. This balance seeks to thwart unsolicited commercial communication, exemplifying the state's vigil on the sanctuaries of personal space and tranquility.
In addition, the forward-looking bill tactically addresses the strategic use of spectrum resources with an undercurrent of prescience. By granting ‘spectrum assets’ legislative stature through the National Frequency Allocation Plan and enabling operators to adapt through 'refarming', the bill forms a visionary blueprint for resource optimization. It inherently recognizes that bandwidth is not simply a commercial commodity but one that serves the wider canvas of national imperatives, connectivity goals, and developmental aspirations.
Further embodying the dual themes of openness and vigilance, the bill incorporates provisions for interception and the implementation of a 'trusted sources' regime, a tacit acknowledgement of the cybersecurity challenges that loom on the horizon amidst increasing geopolitical strains. These measures exemplify the act of walking a tightrope between the democratic ideals of transparency and the unyielding requirements of state security.
Looking to the skies, the bill embraces satellite technologies, foreseeing their potential in unshackling the remote and marginalized areas from the constraints of terrestrial infrastructure and thus forging a digitally inclusive society. Acknowledging the expanse of the Indian subcontinent, the bill paves the way for an interconnected, digital hinterland via thoughtful satellite spectrum allocations.
Emphasizing the human thread in the digital weave, the reformulation of the Universal Service Obligation Fund into 'Digital Bharat Nidhi' underscores an unwavering commitment to reaching the unreached. It's the crystallization of a promise that every Indian, regardless of geographical and socio-economic divides, will be privy to the lenses of opportunity presented by the digital revolution.
The Watershed Moment
The introduction of the Telecommunications Bill of 2023 is a watershed moment, a convergence where history and opportunity coalesce, propelling a nation forward with the ambitions of a burgeoning superpower replacing the Indian Telegraph Act (1885), the Wireless Telegraphy Act (1933), and the Telegraph Wires (Unlawful Possession) Act (1950). It carries within its articles and clauses the anticipation of a billion dreams, the catalyst to a regulatory environment that nurtures innovation, equality, and a forward leap into the future.
Conclusion
Through its comprehensive scope and visionary approach, the bill writes a fresh chapter in India's digital saga. It is an unfolding story, pregnant with the possibilities of a nascent digital age, charting a trajectory for an India poised to define its own digital dome of the sky, under which its citizens will thrive for generations to come. With every legislative step, India crafts its legacy, a narrative of evolution, a tableau that reflects the aspirations of its people and their resolve to embrace the force of technology for the collective good. As this bill advances through the legislative labyrinth, it carries the spirit of a digital renaissance nestled in the heart of the world's largest democracy.
References
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:
Windows/System/System32/Drivers/CrowdStrike/C00000291*.sys
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.
References:
https://status.cloud.microsoft/
https://www.crowdstrike.com/blog/statement-on-falcon-content-update-for-windows-hosts/
In 2023, PIB reported that up to 22% of young women in India are affected by Polycystic Ovarian Syndrome (PCOS). However, access to reliable information regarding the condition and its treatment remains a challenge. A study by the PGIMER Chandigarh conducted in 2021 revealed that approximately 37% of affected women rely on the internet as their primary source of information for PCOS. However, it can be difficult to distinguish credible medical advice from misleading or inaccurate information online since the internet and social media are rife with misinformation. The uptake of misinformation can significantly delay the diagnosis and treatment of medical conditions, jeopardizing health outcomes for all.
The PCOS Misinformation Ecosystem Online
PCOS is one of the most common disorders diagnosed in the female endocrine system, characterized by the swelling of ovaries and the formation of small cysts on their outer edges. This may lead to irregular menstruation, weight gain, hirsutism, possible infertility, poor mental health, and other symptoms. However, there is limited research on its causes, leaving most medical practitioners in India ill-equipped to manage the issue effectively and pushing women to seek alternate remedies from various sources.
This creates space for the proliferation of rumours, unverified cures and superstitions, on social media, For example, content on YouTube, Facebook, and Instagram may promote “miracle cures” like detox teas or restrictive diets, or viral myths claiming PCOS can be “cured” through extreme weight loss or herbal remedies. Such misinformation not only creates false hope for women but also delays treatment, or may worsen symptoms.
How Tech Platforms Amplify Misinformation
- Engagement vs. Accuracy: Social media algorithms are designed to reward viral content, even if it’s misleading or incendiary since it generates advertisement revenue. Further, non-medical health influencers often dominate health conversations online and offer advice with promises of curing the condition.
- Lack of Verification: Although platforms like YouTube try to provide verified health-related videos through content shelves, and label unverified content, the sheer volume of content online means that a significant chunk of content escapes the net of content moderation.
- Cultural Context: In India, discussions around women’s health, especially reproductive health, are stigmatized, making social media the go-to source for private, albeit unreliable, information.
Way Forward
a. Regulating Health Content on Tech Platforms: Social media is a significant source of health information to millions who may otherwise lack access to affordable healthcare. Rather than rolling back content moderation practices as seen recently, platforms must dedicate more resources to identify and debunk misinformation, particularly health misinformation.
b. Public Awareness Campaigns: Governments and NGOs should run nationwide campaigns in digital literacy to educate on women’s health issues in vernacular languages and utilize online platforms for culturally sensitive messaging to reach rural and semi-urban populations. This is vital for countering the stigma and lack of awareness which enables misinformation to proliferate.
c. Empowering Healthcare Communication: Several studies suggest a widespread dissatisfaction among women in many parts of the world regarding the information and care they receive for PCOS. This is what drives them to social media for answers. Training PCOS specialists and healthcare workers to provide accurate details and counter misinformation during patient consultations can improve the communication gaps between healthcare professionals and patients.
d. Strengthening the Research for PCOS: The allocation of funding for research in PCOS is vital, especially in the face of its growing prevalence amongst Indian women. Academic and healthcare institutions must collaborate to produce culturally relevant, evidence-based interventions for PCOS. Information regarding this must be made available online since the internet is most often a primary source of information. An improvement in the research will inform improved communication, which will help reduce the trust deficit between women and healthcare professionals when it comes to women’s health concerns.
Conclusion
In India, the PCOS misinformation ecosystem is shaped by a mix of local and global factors such as health communication failures, cultural stigma, and tech platform design prioritizing engagement over accuracy. With millions of women turning to the internet for guidance regarding their conditions, they are increasingly vulnerable to unverified claims and pseudoscientific remedies which can lead to delayed diagnoses, ineffective treatments, and worsened health outcomes. The rising number of PCOS cases in the country warrants the bridging of health research and communications gaps so that women can be empowered with accurate, actionable information to make the best decisions regarding their health and well-being.
Sources
- https://pib.gov.in/PressReleasePage.aspx?PRID=1893279#:~:text=It%20is%20the%20most%20prevailing%20female%20endocrine,neuroendocrine%20system%2C%20sedentary%20lifestyle%2C%20diet%2C%20and%20obesity.
- https://www.thinkglobalhealth.org/article/india-unprepared-pcos-crisis?utm_source=chatgpt.com
- https://www.bbc.com/news/articles/ckgz2p0999yo
- https://pmc.ncbi.nlm.nih.gov/articles/PMC9092874/
