Empowering the Internet in Eastern India: CyberPeace Brings L-Root Server to Ranchi

Introduction

According to a draft of the Digital Personal Data Protection Bill, 2023, the Indian government may have the authority to reduce the age at which users can agree to data processing to 14 years. Companies requesting consent to process children’s data, on the other hand, must demonstrate that the information is handled in a “verifiably safe” manner.

The Central Government might change the age limit for consent

The proposed Digital Personal Data Protection Bill 2022 in India attempts to protect child’s personal data under the age of 14 through several provisions. The proposed lower age of consent in India under the Digital Personal Data Protection Bill 2022 is to loosen relevant norms and fulfil the demands of Internet corporations. After a year, the government may reconsider the definition of a child with the goal of expanding coverage to children under the age of 14. The proposed shift in the age of consent has elicited varied views, with some experts suggesting that it might potentially expose children to data processing concerns.

The definition of a child is understood to have been amended in the data protection Bill, which is anticipated to be submitted in Parliament’s Monsoon session, to an “individual who has not completed the age of eighteen years or such lower age as the central government may notify.” A child was defined as an “individual who has not completed eighteen years of age” in the 2022 draft.

Under deemed consent, the government has also added the 'legitimate business interest' clause

This clause allows businesses to process personal data without obtaining explicit consent if it is required for their legitimate business interests. The measure recognises that corporations have legitimate objectives, such as innovation, that can be pursued without jeopardising privacy.‍

Change in Data Protection Boards

The Digital Personal Data Protection Bill 2022, India’s new plan to secure personal data, represents a significant shift in strategy by emphasising outcomes rather than legislative compliance. This amendment will strengthen the Data Protection Board’s position, as its judgments on noncompliance complaints will establish India’s first systematic jurisprudence on data protection. The Cabinet has approved the bill and may be introduced in Parliament in the Monsoon session starting on July 20.

The draft law leaves the selection of the Data Protection Board’s chairperson and members solely to the discretion of the central government, making it a central government set-up board. The government retains control over the board’s composition, terms of service, and so on. The bill does specify, however, that the Data Protection Board would be completely independent and will have a strictly adjudicatory procedure to adjudicate data breaches. It has the same status as a civil court, and its rulings can be appealed.

India's first regulatory body in Charge of preserving privacy

Some expected amendments to the law include a blacklist of countries to which Indian data cannot be transferred and fewer penalties for data breaches. The bill’s scope is limited to processing digital personal data within Indian territory, which means that any offline personal data and anything not digitised will be exempt from the legislation’s jurisdiction. Furthermore, the measure is silent on the governance of digital paper records.

Conclusion

The Digital Personal Data Protection Bill 2022 is a much-needed piece of legislation that will replace India’s current data protection regime and assist in preserving individuals’ rights. Central Government is looking for a change in the age for consent from 18 to 14 years. The bill underlines the need for verifiable parental consent before processing a child’s personal data, including those under 18. This section seeks to ensure that parents or legal guardians have a say in the processing of their child’s personal data.

Executive Summary:

In the end of January 2024, India sees an inauguration of Ram Mandir that is a historical event to which people came culturally and spiritually. All communities in the world acknowledge this point of life as a victory and also understand how it unites people. In the midst of this genuine joy over success, there has been a disconcerting increase in malpractices designed to exploit people’s enthusiasm. This report aims at providing awareness and guidelines on how one can avoid the fraud activities that could be circulating as a celebration of Ram Mandir inauguration. An example cited here is on scams that give fake free recharge to users making them connect with the Prime Minister of India and UP Chief Minister Yogi Adityanath.

False Claim:

According to the message passed in WhatsApp, as a commemoration of the inauguration of Ram Mandir  in Ayodhya in January 2024, free Rs.749 mobile recharge for three months would be offered to all Indians across India by both the PM and UP CM. The message prompts the recipients to click on the blue link provided and then recharge their numbers.

The Deceptive Scheme:

We have been informed of a circulating link (https://mahacashhback[.]in/#1705296887543) stating that it offers ₹719 recharge in honor of the Ram Mandir inauguration. It is worth mentioning that this link does not belong to any legitimate movement concerning the inauguration; public excitement and trust were used for personal gain. 

Analyzing the Fraudulent Campaign:

• Exploiting Emotional Significance:Scammers are using the cultural and religious significance of Ram mandir inauguration as a cover to fool people into participating in its fraudulent scheme. 

• Fake Recharge Offers:The broadcasted link is offering a recharge pretending that they celebrate it’s inauguration. Such offers should be handled with care and established through authorized avenues.

• Bogus Landing Pages and Comments:The landing page linked to the link typically shows images of Ram Mandir and fake comments succeeding in a make-believe appearance. Legitimate projects linked to major events rely on official and trustworthy communication mechanisms. 

• Data Collection Attempts:However, users may be asked for personal details like mobile numbers under the false pretext of winning a fake recharge. Legitimate organizations practice secure protocols for data collection and communication. 

• Sharing for Activation:After the data entry, users are prompted to share a link in other people’s posts; it is said that this will help “activate” recharge. This is a popular trick among swindlers to keep the fraud going on due to sending misleading messages. 

What do we Analyze?

• It is important to note that at this particular point, there has not been any official declaration or a proper confirmation of such offers on any official channel.
• The campaign is hosted on a third party domain instead of any official Government Website, this raised suspicion. Also the domain has been registered in very recent times.

• Domain Name: mahacashhback[.]in
• Registry Domain ID: D1FCF1B5751244310A2FA723B62CE83E9-IN
• Registrar URL: https://publicdomainregistry[.]com/
• Registrar: Endurance Digital Domain Technology LLP
• Registrar IANA ID: 801217
• Updated Date: 2024-01-18T08:09:00Z
• Creation Date: 2023-05-27T12:01:17Z
• Registry Expiry Date: 2024-05-27T12:01:17Z
• Registrant Organization: Sachin Kumar
• Registrant State/Province: Bihar
• Name Server: ns2.suspended-domain[.]com
• Name Server: ns1.suspended-domain[.]com
  

CyberPeace Advisory and Best Practices:

• Verify Authenticity:Authenticate any offers or promotions linked to the Ram Mandir inauguration through official channels. 

• Exercise Caution with Links:Do not engage with questionable URLs, in particular those without secure encryption (HTTPS). Official announcements and initiatives are disseminated through secure outlets.

• Protect Personal Information:Do not provide personal information and do not respond to unsolicited offers on nonofficial platforms. Genuine organizations employ safe and official routes for communication.

• Report Fraudulent Activity:When you see scams or fraudulent activities, immediately report them to authorities and platforms so that no one falls into their trap.

Conclusion:

In the coming days, let us be cautious from such cheating strategies which would be misutilized or create false situations. Individuals should stay informed, verify sources and defend their personal information to ensure a safer world wide web. Official and secure channels are used to communicate authentic initiatives linked with notable events. When an offer sounds too favorable or attractive, exercise due caution and check its genuineness to avoid being defrauded. Thus by undertaking the research we found this campaign to be fake.

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Introduction

India's National Commission for Protection of Child Rights (NCPCR) is set to approach the Ministry of Electronics and Information Technology (MeitY) to recommend mandating a KYC-based system for verifying children's age under the Digital Personal Data Protection (DPDP) Act. The decision to approach or send recommendations to MeitY was taken by NCPCR in a closed-door meeting held on August 13 with social media entities. In the meeting, NCPCR emphasised proposing a KYC-based age verification mechanism. In this background, Section 9 of the Digital Personal Data Protection Act, 2023 defines a child as someone below the age of 18, and Section 9 mandates that such children have to be verified and parental consent will be required before processing their personal data.

Requirement of Verifiable Consent Under Section 9 of DPDP Act

Regarding the processing of children's personal data, Section 9 of the DPDP Act, 2023, provides that for children below 18 years of age, consent from parents/legal guardians is required. The Data Fiduciary shall, before processing any personal data of a child or a person with a disability who has a lawful guardian, obtain verifiable consent from the parent or lawful guardian. Additionally, behavioural monitoring or targeted advertising directed at children is prohibited. 

Ongoing debate on Method to obtain Verifiable Consent

Section 9 of the DPDP Act gives parents or lawful guardians more control over their children's data and privacy, and it empowers them to make decisions about how to manage their children's online activities/permissions. However, obtaining such verifiable consent from the parent or legal guardian presents a quandary. It was expected that the upcoming 'DPDP rules,' which have yet to be notified by the Central Government, would shed light on the procedure of obtaining such verifiable consent from a parent or lawful guardian.

However, In the meeting held on 18th July 2024, between MeitY and social media companies to discuss the upcoming Digital Personal Data Protection Rules (DPDP Rules), MeitY stated that it may not intend to prescribe a ‘specific mechanism’ for Data Fiduciaries to verify parental consent for minors using digital services. MeitY instead emphasised obligations put forth on the data fiduciary under section 8(4) of the DPDP Act to implement “appropriate technical and organisational measures” to ensure effective observance of the provisions contained under this act. 

In a recent update, MeitY held a review meeting on DPDP rules, where they focused on a method for determining children's ages. It was reported that the ministry is making a few more revisions before releasing the guidelines for public input.

CyberPeace Policy Outlook

CyberPeace in its policy recommendations paper published last month, (available here) also advised obtaining verifiable parental consent through methods such as Government Issued ID, integration of parental consent at ‘entry points’ like app stores,  obtaining consent through consent forms, or drawing attention from foreign laws such as California Privacy Law, COPPA, and developing child-friendly SIMs for enhanced child privacy.

CyberPeace in its policy paper also emphasised that when deciding the method to obtain verifiable consent, the respective platforms need to be aligned with the fact that verifiable age verification must be done without compromising user privacy. Balancing user privacy is a question of both technological capabilities and ethical considerations. 

DPDP Act is a brand new framework for protecting digital personal data and also puts forth certain obligations on Data Fiduciaries and provides certain rights to Data Principal. With upcoming ‘DPDP Rules’ which are expected to be notified soon, will define the detailed procedure for the implementation of the provisions of the Act. MeitY is refining the DPDP rules before they come out for public consultation. The approach of NCPCR is aimed at ensuring child safety in this digital era. We hope that MeitY comes up with a sound mechanism for obtaining verifiable consent from parents/lawful guardians after taking due consideration to recommendations put forth by various stakeholders, expert organisations and concerned authorities such as NCPCR. 

References

1. https://www.moneycontrol.com/technology/dpdp-rules-ncpcr-to-recommend-meity-to-bring-in-kyc-based-age-verification-for-children-article-12801563.html
2. https://pune.news/government/ncpcr-pushes-for-kyc-based-age-verification-in-digital-data-protection-a-new-era-for-child-safety-215989/#:~:text=During%20this%20meeting%2C%20NCPCR%20issued,consent%20before%20processing%20their%20data
3. https://www.hindustantimes.com/india-news/ncpcr-likely-to-seek-clause-for-parents-consent-under-data-protection-rules-101724180521788.html
4. https://www.drishtiias.com/daily-updates/daily-news-analysis/dpdp-act-2023-and-the-isssue-of-parental-consent

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