DPDP Rules Are Out For Consultation
Introduction
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.
References
Related Blogs
Introduction
Considering the development of technology, Voice cloning schemes are one such issue that has recently come to light. Scammers are moving forward with AI, and their methods and plans for deceiving and scamming people have also altered. Deepfake technology creates realistic imitations of a person’s voice that can be used to conduct fraud, dupe a person into giving up crucial information, or even impersonate a person for illegal purposes. We will look at the dangers and risks associated with AI voice cloning frauds, how scammers operate and how one might protect themselves from one.
What is Deepfake?
Artificial intelligence (AI), known as “deepfake,” can produce fake or altered audio, video, and film that pass for the real thing. The words “deep learning” and “fake” are combined to get the name “deep fake”. Deepfake technology creates content with a realistic appearance or sound by analysing and synthesising diverse volumes of data using machine learning algorithms. Con artists employ technology to portray someone doing something that has never been in audio or visual form. The best example is the American President, who used deep voice impersonation technology. Deep voice impersonation technology can be used maliciously, such as in deep voice fraud or disseminating false information. As a result, there is growing concerned about the potential influence of deep fake technology on society and the need for effective tools to detect and mitigate the hazards it may provide.
What exactly are deepfake voice scams?
Artificial intelligence (AI) is sometimes utilised in deepfake speech frauds to create synthetic audio recordings that seem like real people. Con artists can impersonate someone else over the phone and pressure their victims into providing personal information or paying money by using contemporary technology. A con artist may pose as a bank employee, a government official, or a friend or relative by utilising a deep false voice. It aims to earn the victim’s trust and raise the likelihood that they will fall for the hoax by conveying a false sense of familiarity and urgency. Deep fake speech frauds are increasing in frequency as deep fake technology becomes more widely available, more sophisticated, and harder to detect. In order to avoid becoming a victim of such fraud, it is necessary to be aware of the risks and take appropriate measures.
Why do cybercriminals use AI voice deep fake?
In order to mislead users into providing private information, money, or system access, cybercriminals utilise artificial intelligence (AI) speech-deep spoofing technology to claim to be people or entities. Using AI voice-deep fake technology, cybercriminals can create audio recordings that mimic real people or entities, such as CEOs, government officials, or bank employees, and use them to trick victims into taking activities that are advantageous to the criminals. This can involve asking victims for money, disclosing login credentials, or revealing sensitive information. In phishing assaults, where fraudsters create audio recordings that impersonate genuine messages from organisations or people that victims trust, deepfake AI voice technology can also be employed. These audio recordings can trick people into downloading malware, clicking on dangerous links, or giving out personal information. Additionally, false audio evidence can be produced using AI voice-deep fake technology to support false claims or accusations. This is particularly risky regarding legal processes because falsified audio evidence may lead to wrongful convictions or acquittals. Artificial intelligence voice deep fake technology gives con artists a potent tool for tricking and controlling victims. Every organisation and the general population must be informed of this technology’s risk and adopt the appropriate safety measures.
How to spot voice deepfake and avoid them?
Deep fake technology has made it simpler for con artists to edit audio recordings and create phoney voices that exactly mimic real people. As a result, a brand-new scam called the “deep fake voice scam” has surfaced. In order to trick the victim into handing over money or private information, the con artist assumes another person’s identity and uses a fake voice. What are some ways to protect oneself from deepfake voice scams? Here are some guidelines to help you spot them and keep away from them:
- Steer clear of telemarketing calls
- One of the most common tactics used by deep fake voice con artists, who pretend to be bank personnel or government officials, is making unsolicited phone calls.
- Listen closely to the voice
- Anyone who phones you pretending to be someone else should pay special attention to their voice. Are there any peculiar pauses or inflexions in their speech? Something that doesn’t seem right can be a deep voice fraud.
- Verify the caller’s identity
- It’s crucial to verify the caller’s identity in order to avoid falling for a deep false voice scam. You might ask for their name, job title, and employer when in doubt. You can then do some research to be sure they are who they say they are.
- Never divulge confidential information
- No matter who calls, never give out personal information like your Aadhar, bank account information, or passwords over the phone. Any legitimate companies or organisations will never request personal or financial information over the phone; if they do, it’s a warning sign that they’re a scammer.
- Report any suspicious activities
- Inform the appropriate authorities if you think you’ve fallen victim to a deep voice fraud. This may include your bank, credit card company, local police station, or the nearest cyber cell. By reporting the fraud, you could prevent others from being a victim.
Conclusion
In conclusion, the field of AI voice deep fake technology is fast expanding and has huge potential for beneficial and detrimental effects. While deep fake voice technology has the potential to be used for good, such as improving speech recognition systems or making voice assistants sound more realistic, it may also be used for evil, such as deep fake voice frauds and impersonation to fabricate stories. Users must be aware of the hazard and take the necessary precautions to protect themselves as AI voice deep fake technology develops, making it harder to detect and prevent deep fake schemes. Additionally, it is necessary to conduct ongoing research and develop efficient techniques to identify and control the risks related to this technology. We must deploy AI appropriately and ethically to ensure that AI voice-deep fake technology benefits society rather than harming or deceiving it.
Reference
Introduction
According to a shocking report, there are multiple scam loan apps on the App Store in India that charge excessive interest rates and force users to pay by blackmailing and harassing them. Apple has prohibited and removed these apps from the App Store, but they may still be installed on your iPhone and running. You must delete any of these apps if you have downloaded them. Learn the names of these apps and how they operated the fraud.
Why Apple banned these apps?
- Apple has taken action to remove certain apps from the Indian App Store. These apps were engaging in unethical behaviour, such as impersonating financial institutions, demanding high fees, and threatening borrowers. Here are the titles of these apps, as well as what Apple has said about their suspension.
- Following user concerns, Apple removed six loan apps from the Indian App Store. Loan apps include White Kash, Pocket Kash, Golden Kash, Ok Rupee, and others.
- According to multiple user reviews, certain apps seek unjustified access to users’ contact lists and media. These apps also charge exorbitant fees that are not necessitated. Furthermore, companies have been found to engage in unethical tactics such as charging high-interest rates and “processing fees” equal to half the loan amount.
- Some lending app users have reported being harassed and threatened for failing to return their loans on time. In some circumstances, the apps threatened the user’s contacts if payment was not completed by the deadline. According to one user, the app company threatened to produce and send false photographs of her to her contacts.
- These loan apps were removed from the App Store, according to Apple, because they broke the norms and standards of the Apple Developer Program License Agreement. These apps were discovered to be falsely claiming financial institution connections.
Issue of Fake loan apps on the App Store
- The App Store and our App Review Guidelines are designed to ensure we provide our users with the safest experience possible,” Apple explained. “We do not tolerate fraudulent activity on the App Store and have strict rules against apps and developers who attempt to game the system.
- In 2022, Apple blocked nearly $2 billion in fraudulent App Store sales. Furthermore, it rejected nearly 1.7 million software submissions that did not match Apple’s quality and safety criteria and cancelled 428,000 developer accounts due to suspected fraudulent activities.
- The scammers also used heinous tactics to force the loanees to pay. According to reports, the scammers behind the apps gained access to the user’s contact list as well as their images. They would morph the images and then scare the individual by sharing their fake nude photos with their whole contact list.
Dangerous financial fraud apps have surfaced on the App Store
- TechCrunch acquired a user review from one of these apps. “I borrowed an amount in a helpless situation, and a day before the repayment due date, I got some messages with my picture and my contacts in my phone saying that repay your loan or they will inform our contacts that you are not paying the loan,” it said.
- Sandhya Ramesh, a journalist from The Print, recently tweeted a screenshot of a direct message she got. A victim’s friend told a similar story in the message.
- TechCrunch contacted Apple, who confirmed that the apps had been removed from the App Store for breaking the Apple Developer Program License Agreement and guidelines.
Conclusion
Recently, some users have claimed that some quick-loan applications, such as White Kash, Pocket Kash, and Golden Kash, have appeared on the Top Finance applications chart in recent days. These apps necessitate unauthorised and intrusive access to users’ contact lists and media. According to hundreds of user evaluations, these apps charged exorbitantly high and useless fees. They used unscrupulous techniques such as demanding “processing fees” equal to half the loan amount and charging high-interest rates. Users were also harassed and threatened with restitution. If payments were not made by the due date, the lending applications threatened to notify users’ contacts. According to one user, the app provider even threatened to generate phoney nude images of her and send them to her contacts.
Introduction
As the sun rises on the Indian subcontinent, a nation teeters on the precipice of a democratic exercise of colossal magnitude. The Lok Sabha elections, a quadrennial event that mobilises the will of over a billion souls, is not just a testament to the robustness of India's democratic fabric but also a crucible where the veracity of information is put to the sternest of tests. In this context, the World Economic Forum's 'Global Risks Report 2024' emerges as a harbinger of a disconcerting trend: the spectre of misinformation and disinformation that threatens to distort the electoral landscape.
The report, a carefully crafted document that shares the insights of 1,490 experts from the interests of academia, government, business and civil society, paints a tableau of the global risks that loom large over the next decade. These risks, spawned by the churning cauldron of rapid technological change, economic uncertainty, a warming planet, and simmering conflict, are not just abstract threats but tangible realities that could shape the future of nations.
India’s Electoral Malice
India, as it strides towards the general elections scheduled in the spring of 2024, finds itself in the vortex of this hailstorm. The WEF survey positions India at the zenith of vulnerability to disinformation and misinformation, a dubious distinction that underscores the challenges facing the world's largest democracy. The report depicts misinformation and disinformation as the chimaeras of false information—whether inadvertent or deliberate—that are dispersed through the arteries of media networks, skewing public opinion towards a pervasive distrust in facts and authority. This encompasses a panoply of deceptive content: fabricated, false, manipulated and imposter.
The United States, the European Union, and the United Kingdom too, are ensnared in this web of varying degrees of misinformation. South Africa, another nation on the cusp of its own electoral journey, is ranked 22nd, a reflection of the global reach of this phenomenon. The findings, derived from a survey conducted over the autumnal weeks of September to October 2023, reveal a world grappling with the shadowy forces of untruth.
Global Scenario
The report prognosticates that as close to three billion individuals across diverse economies—Bangladesh, India, Indonesia, Mexico, Pakistan, the United Kingdom, and the United States—prepare to exercise their electoral rights, the rampant use of misinformation and disinformation, and the tools that propagate them, could erode the legitimacy of the governments they elect. The repercussions could be dire, ranging from violent protests and hate crimes to civil confrontation and terrorism.
Beyond the electoral arena, the fabric of reality itself is at risk of becoming increasingly polarised, seeping into the public discourse on issues as varied as public health and social justice. As the bedrock of truth is undermined, the spectre of domestic propaganda and censorship looms large, potentially empowering governments to wield control over information based on their own interpretation of 'truth.'
The report further warns that disinformation will become increasingly personalised and targeted, honing in on specific groups such as minority communities and disseminating through more opaque messaging platforms like WhatsApp or WeChat. This tailored approach to deception signifies a new frontier in the battle against misinformation.
In a world where societal polarisation and economic downturn are seen as central risks in an interconnected 'risks network,' misinformation and disinformation have ascended rapidly to the top of the threat hierarchy. The report's respondents—two-thirds of them—cite extreme weather, AI-generated misinformation and disinformation, and societal and/or political polarisation as the most pressing global risks, followed closely by the 'cost-of-living crisis,' 'cyberattacks,' and 'economic downturn.'
Current Situation
In this unprecedented year for elections, the spectre of false information looms as one of the major threats to the global populace, according to the experts surveyed for the WEF's 2024 Global Risk Report. The report offers a nuanced analysis of the degrees to which misinformation and disinformation are perceived as problems for a selection of countries over the next two years, based on a ranking of 34 economic, environmental, geopolitical, societal, and technological risks.
India, the land of ancient wisdom and modern innovation, stands at the crossroads where the risk of disinformation and misinformation is ranked highest. Out of all the risks, these twin scourges were most frequently selected as the number one risk for the country by the experts, eclipsing infectious diseases, illicit economic activity, inequality, and labor shortages. The South Asian nation's next general election, set to unfurl between April and May 2024, will be a litmus test for its 1.4 billion people.
The spectre of fake news is not a novel adversary for India. The 2019 election was rife with misinformation, with reports of political parties weaponising platforms like WhatsApp and Facebook to spread incendiary messages, stoking fears that online vitriol could spill over into real-world violence. The COVID-19 pandemic further exacerbated the issue, with misinformation once again proliferating through WhatsApp.
Other countries facing a high risk of the impacts of misinformation and disinformation include El Salvador, Saudi Arabia, Pakistan, Romania, Ireland, Czechia, the United States, Sierra Leone, France, and Finland, all of which consider the threat to be one of the top six most dangerous risks out of 34 in the coming two years. In the United Kingdom, misinformation/disinformation is ranked 11th among perceived threats.
The WEF analysts conclude that the presence of misinformation and disinformation in these electoral processes could seriously destabilise the real and perceived legitimacy of newly elected governments, risking political unrest, violence, and terrorism, and a longer-term erosion of democratic processes.
The 'Global Risks Report 2024' of the World Economic Forum ranks India first in facing the highest risk of misinformation and disinformation in the world at a time when it faces general elections this year. The report, released in early January with the 19th edition of its Global Risks Report and Global Risk Perception Survey, claims to reveal the varying degrees to which misinformation and disinformation are rated as problems for a selection of analyzed countries in the next two years, based on a ranking of 34 economic, environmental, geopolitical, societal, and technological risks.
Some governments and platforms aiming to protect free speech and civil liberties may fail to act effectively to curb falsified information and harmful content, making the definition of 'truth' increasingly contentious across societies. State and non-state actors alike may leverage false information to widen fractures in societal views, erode public confidence in political institutions, and threaten national cohesion and coherence.
Trust in specific leaders will confer trust in information, and the authority of these actors—from conspiracy theorists, including politicians, and extremist groups to influencers and business leaders—could be amplified as they become arbiters of truth.
False information could not only be used as a source of societal disruption but also of control by domestic actors in pursuit of political agendas. The erosion of political checks and balances and the growth in tools that spread and control information could amplify the efficacy of domestic disinformation over the next two years.
Global internet freedom is already in decline, and access to more comprehensive sets of information has dropped in numerous countries. The implication: Falls in press freedoms in recent years and a related lack of strong investigative media are significant vulnerabilities set to grow.
Advisory
Here are specific best practices for citizens to help prevent the spread of misinformation during electoral processes:
- Verify Information:Double-check the accuracy of information before sharing it. Use reliable sources and fact-checking websites to verify claims.
- Cross-Check Multiple Sources:Consult multiple reputable news sources to ensure that the information is consistent across different platforms.
- Be Wary of Social Media:Social media platforms are susceptible to misinformation. Be cautious about sharing or believing information solely based on social media posts.
- Check Dates and Context:Ensure that information is current and consider the context in which it is presented. Misinformation often thrives when details are taken out of context.
- Promote Media Literacy:Educate yourself and others on media literacy to discern reliable sources from unreliable ones. Be skeptical of sensational headlines and clickbait.
- Report False Information:Report instances of misinformation to the platform hosting the content and encourage others to do the same. Utilise fact-checking organisations or tools to report and debunk false information.
- Critical Thinking:Foster critical thinking skills among your community members. Encourage them to question information and think critically before accepting or sharing it.
- Share Official Information:Share official statements and information from reputable sources, such as government election commissions, to ensure accuracy.
- Avoid Echo Chambers:Engage with diverse sources of information to avoid being in an 'echo chamber' where misinformation can thrive.
- Be Responsible in Sharing:Before sharing information, consider the potential impact it may have. Refrain from sharing unverified or sensational content that can contribute to misinformation.
- Promote Open Dialogue:Open discussions should be promoted amongst their community about the significance of factual information and the dangers of misinformation.
- Stay Calm and Informed:During critical periods, such as election days, stay calm and rely on official sources for updates. Avoid spreading unverified information that can contribute to panic or confusion.
- Support Media Literacy Programs:Media Literacy Programs in schools should be promoted to provide individuals with essential skills to sail through the information sea properly.
Conclusion
Preventing misinformation requires a collective effort from individuals, communities, and platforms. By adopting these best practices, citizens can play a vital role in reducing the impact of misinformation during electoral processes.
References:
- https://thewire.in/media/survey-finds-false-information-risk-highest-in-india
- https://thesouthfirst.com/pti/india-faces-highest-risk-of-disinformation-in-general-elections-world-economic-forum/
