#FactCheck - Assam Video Falsely Shared as BJP Government Deporting Bangladeshis From West Bengal

Introduction

In an era where digitalization is transforming every facet of life, ensuring that personal data is protected becomes crucial. The enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) is a significant step that has been taken by the Indian Parliament which sets forth a comprehensive framework for Digital Personal Data. The Draft Digital Personal Data Protection Rules, 2025 has recently been released for public consultation to supplement the Act and ensure its smooth implementation once finalised. Though noting certain positive aspects, there is still room for addressing certain gaps and multiple aspects under the draft rules that require attention. The DPDP Act, 2023 recognises the individual’s right to protect their personal data providing control over the processing of personal data for lawful purposes. This Act applies to data which is available in digital form as well as data which is not in digital form but is digitalised subsequently. While the Act is intended to offer wide control to the individuals (Data Principal) over their personal information, its impact on vulnerable groups such as ‘Persons with Disabilities’ requires closer scrutiny. 

Person with Disabilities as data principal

The term ‘data principal’ has been defined under the DPDP Act under Section 2(j) as a person to whom the personal data is related to, which also includes a person with a disability. A lawful guardian acting on behalf of such person with disability has also been included under the ambit of this definition of Data Principal. As a result, a lawful guardian acting on behalf of a person with disability will have the same rights and responsibilities as a data principal under the Act. 

• Section 9 of the DPDP Act, 2023 states that before processing the personal data of a person with a disability who has a lawful guardian, the data fiduciary must obtain verifiable consent from that guardian, ensuring proper protection of the person with disability's data privacy.
• The data principal has the right to access information about personal data under Section 11 which is being processed by the data fiduciary.
• Section 12 provides the right to correction and erasure of personal data by making a request in a manner prescribed by the data fiduciary. 
• A right to grievance redressal must be provided to the data principal in respect of any act or omission of performance of obligations by the data fiduciary or the consent manager. 
• Under Section 14, the data principal has the right to nominate any other person to exercise the rights provided under the Act in case of death or incapacity. 

Provision of consent and its implication

The three key components of Consent that can be identified under the DPDP Act, are:

• Explicit and Informed Consent: Consent given for the processing of data by the data principal or a lawful guardian in case of persons with disabilities must be clear, free and informed as per section 6 of the Act. The data fiduciary must specify the itemised description of the personal data required along with the specified purpose and description of the goods or services that would be provided by such processing of data. (Rule 3 under Draft Digital Personal Data Protection Rules)

• Verifiable Consent: Section 9 of the DPDP Act provides that the data fiduciary needs to obtain verifiable consent of the lawful guardian before processing any personal data of such a person with a disability.  Rule 10 of the Draft Rules obligates the data fiduciary to adopt measures to ensure that the consent given by the lawful guardian is verifiable before the is processed. 
• Withdrawal of Consent: Data principal or such lawful guardian has the option to withdraw consent for the processing of data at any point by making a request to the data fiduciary.   

Although the Act includes certain provisions that focus on the inclusivity of persons with disability, the interpretation of such sections says otherwise. 

Concerns related to provisions for Persons with Disabilities under the DPDP Act:

• Lack of definition of ‘person with disabilities’: The DPDP Act or the Draft Rules does not define the term ‘persons with disabilities’. This will create confusion as to which categories of disability are included and up to what percentage.  The Rights of Persons with Disabilities Act, 2016 clearly defines ‘person with benchmark disability’, ‘person with disability’ and ‘person with disability having high support needs’. This categorisation is essential to determine up to what extent a person with disability needs a lawful guardian which is missing under the DPDP Act.   
• Lack of autonomy: Though the definition of data principal includes persons with disabilities however the decision-making authority has been given to the lawful guardian of such individuals. The section creates ambiguity for people who have a lower percentage of disability and are capable of making their own decisions and have no autonomy in making decisions related to the processing of their personal data because of the lack of clarity in the definition of ‘persons with disabilities’. 
• Safeguards for abuse of power by lawful guardian: The lawful guardian once verified by the data fiduciary can make decisions for the persons with disabilities. This raises concerns regarding the potential abuse of power by lawful guardians in relation to the handling of personal data. The DPDP Act does not provide any specific protection against such abuse.
• Difficulty in verification of consent: The consent obtained by the Data Fiduciary must be verified. The process that will be adopted for verification is at the discretion of the data fiduciary according to Rule 10 of the Draft Data Protection Rules. The authenticity of consent is difficult to determine as it is a complex process which lacks a standard format. Also, with the technological advancements, it would be challenging to identify whether the information given to verify the consent is actually true. 

CyberPeace Recommendations

The DPDP Act, 2023 is a major step towards making the data protection framework more comprehensive, however, the provisions related to persons with disabilities and powers given to lawful guardians acting on their behalf still need certain clarity and refinement within the DPDP Act framework. 

• Consonance of DPDP with Rights of Persons with Disabilities (RPWD) Act, 2016: The RPWD and DPDP Act should supplement each other and can be used to clear the existing ambiguities. Such as the definition of ‘persons with disabilities’ under the RPWD Act can be used in the context of the DPDP Act, 2023. 
• Also, there must be certain mechanisms and safeguards within the Act to prevent abuse of power by the lawful guardian. The affected individual in case of suspected abuse of power should have an option to file a complaint with the Data Protection Board and the Board can further take necessary actions to determine whether there is abuse of power or not. 
• Regulatory oversight and additional safeguards are required to ensure that consent is obtained in a manner that respects the rights of all individuals, including those with disabilities. 

References:

• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
• https://www.meity.gov.in/writereaddata/files/259889.pdf 
• https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf 
• https://www.deccanherald.com/opinion/consent-disability-rights-and-data-protection-3143441
• https://www.pacta.in/digital-data-protection-consent-protocols-for-disability.pdf
• https://www.snrlaw.in/indias-new-data-protection-regime-tracking-updates-and-preparing-for-compliance/ 

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Along with the loss of important files and information, data loss can result in downtime and lost revenue. Unexpected occurrences, including natural catastrophes, cyber-attacks, hardware malfunctions, and human mistakes, can result in the loss of crucial data. Recovery from these without a backup plan may be difficult, if not impossible.

The fact is that the largest threat to the continuation of your organization today is cyberattacks. Because of this, disaster recovery planning should be approached from a data security standpoint. If not, you run the risk of leaving your vital systems exposed to a cyberattack. Cybercrime has been more frequent and violent over the past few years. In the past, major organizations and global businesses were the main targets of these attacks by criminals. But nowadays, businesses of all sizes need to be cautious of digital risks.

Many firms might suffer a financial hit even from a brief interruption to regular business operations. But imagine if a situation forced a company to close for a few days or perhaps weeks! The consequences would be disastrous.

One must have a comprehensive disaster recovery plan in place that is connected with the cybersecurity strategy, given the growing danger of cybercrime.

Let’s look at why having a solid data security plan and a dependable backup solution are essential for safeguarding a company from external digital threats.

1. Apply layered approaches

One must specifically use precautionary measures like antivirus software and firewalls. One must also implement strict access control procedures to restrict who may access the network.

One must also implement strict access control procedures to restrict who may access the network.

2. Understand the threat situation

If someone is unaware of the difficulties one should be prepared for, how can they possibly expect to develop a successful cybersecurity strategy? They can’t, is the simple response.

Without a solid understanding of the threat landscape, developing the plan will require a lot too much speculation. With this strategy, one can allocate resources poorly or perhaps completely miss a threat.

Because of this, one should educate themselves on the many cyber risks that businesses now must contend with.

3. Adopt a proactive security stance

Every effective cybersecurity plan includes a number of reactive processes that aren’t activated until an attack occurs. Although these reactive strategies will always be useful in cybersecurity, the main focus of your plan should be proactiveness.

There are several methods to be proactive, but the most crucial one is to analyze your network for possible threats regularly. your network securely. Having a SaaS Security Posture Management (SSPM) solution in place is beneficial for SaaS applications, in particular.

A preventive approach can lessen the effects of a data breach and aid in keeping data away from attackers.

4. Evaluate your ability to respond to incidents

Test your cybersecurity disaster recovery plan’s effectiveness by conducting exercises and evaluating the outcomes. Track pertinent data during the exercise to see if your plan is working as expected.

Meet with your team after each drill to evaluate what went well and what didn’t. This strategy enables you to continuously strengthen your plan and solve weaknesses. This procedure may be repeated endlessly and should be.

You must include cybersecurity protections in your entire disaster recovery plan if you want to make sure that your business is resilient in the face of cyber threats. You may strengthen data security and recover from data loss and corruption by putting in place a plan that focuses on both the essential components of proactive data protection and automated data backup and recovery.

For instance, Google distributes all data among several computers in various places while storing each user’s data on a single machine or collection of machines. To prevent a single point of failure, chunk the data and duplicate it across several platforms. As an additional security safeguard, they give these data chunks random names that are unreadable to the human eye.^[1]

The process of creating and storing copies of data that may be used to safeguard organizations against data loss is referred to as backup and recovery. In the case of a main data failure, the backup’s goal is to make a duplicate of the data that can be restored.

5. Take zero-trust principles

Don’t presume that anything or anybody can be trusted; zero trust is a new label for an old idea. Check each device, user, service, or other entity’s trustworthiness before providing it access, then periodically recheck trustworthiness while access is allowed to make sure the entity hasn’t been hacked. Reduce the consequences of any breach of confidence by granting each entity access to only the resources it requires. The number of events and the severity of those that do happen can both be decreased by using zero-trust principles.

6. Understand the dangers posed by supply networks

A nation-state can effectively penetrate a single business, and that business may provide thousands of other businesses with tainted technological goods or services. These businesses will then become compromised, which might disclose their own customers’ data to the original attackers or result in compromised services being offered to customers. Millions of businesses and people might be harmed as a result of what began with one infiltrating corporation.

In conclusion, a defense-in-depth approach to cybersecurity won’t vanish. Organizations may never be able to totally eliminate the danger of a cyberattack, but having a variety of technologies and procedures in place can assist in guaranteeing that the risks are kept to a minimum.

References:

• https://www.comparitech.com/vpn/cybersecurity-cyber-crime-statistics-facts-trends/
• https://www.google.com/about/datacenters/data-security/
• https://www.ibm.com/in-en/topics/cybersecurity
• https://www.cybersecurityforme.com/what-is-the-future-of-cybersecurity/

[1] https://www.google.com/about/datacenters/data-security/

Introduction

In todays time, we can access any information in seconds and from the comfort of our homes or offices. The internet and its applications have been substantial in creating an ease of access to information, but the biggest question which still remains unanswered is Which information is legit and which one is fake? As netizens, we must be critical of what information we access and how.

Influence of Bad actors

The bad actors are one of the biggest threats to our cyberspace as they make the online world full of fear and activities which directly impact the users financial or emotional status by exploitaing their vulnerabilities and attacking them using social engineering. One such issue is website spoofing. In website spoofing, the bad actors try and create a website similar to the original website of any reputed brand. The similarity is so uncanny that the first time or occasional website users find it very difficult to find the difference between the two websites. This is basically an attempt to access sensitive information, such as personal and financial information, and in some cases, to spread malware into the users system to facilitate other forms of cybercrimes. Such websites will have very lucrative offers or deals, making it easier for people to fall prey to such phoney websites In turn, the bad actors can gain sensitive information right from the users without even calling or messaging them.

The Incident

A Noida based senior citizen couple was aggreved by using their dishwasher, and to get it fixed, they looked for the customer care number on their web browser. The couple came across a customer care number- 1800258821 for IFB, a electronics company. As they dialed the number and got in touch with the fake customer care representative, who, upon hearing the couple’s issue, directed them to a supposedly senior official of the company. The senior official spoke to the lady, despite of the call dropping few times, he was admant on staying in touch with the lady, once he had established the trust factor, he asked the lady to download an app which he potrayed to be an app to register complaints and carry out quick actions. The fake senior offical asked the lady to share her location and also asked her to grant few access permissions to the application along with a four digit OTP which looked harmless. He further asked the kady to make a transaction of Rs 10 as part of the complaint processing fee. Till this moment, the couple was under the impression that their complaimt had been registred and the issue with their dishwasher would be rectified soon.

The couple later at night recieved a message from their bank, informing them that Rs 2.25 lakh had been debited from their joint bank account, the following morning, they saw yet another text message informing them of a debit of Rs 5.99 lakh again from their account. The couple immediatly understood that they had become victims to cyber fraud. The couple immediatly launched a complaint on the cyber fraud helpline 1930 and their respective bank. A FIR has been registerd in the Noida Cyber Cell.

How can senior citizens prevent such frauds?

Senior citizens can be particularly vulnerable to cyber frauds due to their lack of familiarity with technology and potential cognitive decline. Here are some safeguards that can help protect them from cyber frauds:

• Educate seniors on common cyber frauds: It’s important to educate seniors about the most common types of cyber frauds, such as phishing, smishing, vishing, and scams targeting seniors.
• Use strong passwords: Encourage seniors to use strong and unique passwords for their online accounts and to change them regularly.
• Beware of suspicious emails and messages: Teach seniors to be wary of suspicious emails and messages that ask for personal or financial information, even if they appear to be from legitimate sources.
• Verify before clicking: Encourage seniors to verify the legitimacy of links before clicking on them, especially in emails or messages.
• Keep software updated: Ensure seniors keep their software, including antivirus and operating system, up to date.
• Avoid public Wi-Fi: Discourage seniors from using public Wi-Fi for sensitive transactions, such as online banking or shopping.
• Check financial statements: Encourage seniors to regularly check their bank and credit card statements for any suspicious transactions.
• Secure devices: Help seniors secure their devices with antivirus and anti-malware software and ensure that their devices are password protected.
• Use trusted sources: Encourage seniors to use trusted sources when making online purchases or providing personal information online.
• Seek help: Advise seniors to seek help if they suspect they have fallen victim to a cyber fraud. They should contact their bank, credit card company or report the fraud to relevant authorities. Calling 1930 should be the first and primary step.

Conclusion

The cyberspace is new space for people of all generations, the older population is a little more vulnerble in this space as they have not used gadgets or internet for most f theur lives, and now they are dependent upon the devices and application for their convinience, but they still do not understand the technology and its dark side. As netizens, we are responsible for safeguarding the youth and the older population to create a wholesome, safe, secured and sustainable cyberecosystem. Its time to put the youth’s understanding of tech and the life experience of the older poplaution in synergy to create SoPs and best practices for erradicating such cyber frauds from our cyberspace. CyberPeace Foundation has created a CyberPeace Helpline number for victims where they will be given timely assitance for resolving their issues; the victims can reach out the helpline on +91 95700 00066 and thay can also mail their issues on helpline@cyberpeace.net.