#FactCheck - "Deep fake video falsely circulated as of a Syrian prisoner who saw sunlight for the first time in 13 years”

Data has become a critical asset for the advancement of a nation’s economic, social, and technological development. India’s emergence as a global digital economy hub makes it necessary to create a robust framework that addresses the challenges and opportunities of digital transformation. The Indian government introduced the Draft National Data Governance Framework Policy in 2022, aiming to create a comprehensive data handling and governance framework. This policy draft addresses key challenges in data management, privacy, and digital economy growth.  As per the recent media reports, the Draft National Data Governance Policy so prepared is under the finalisation stage, the government specified in its implementation document for the Budget 2023-24 announcement. The policy also aims to address the country's AI adoption and the issue of lack of datasets by providing widespread access to anonymized data.

Background and Need for the Policy

India has a robust digital economy with its adoption of the Digital India Initiative, Aadhaar digital identification, UPI for seamless payments and many more. In India, 751.5 million people connect to the internet, and is home to 462.0 million social media users in January 2024, equivalent to 32.2% of its total population (Data Reportal 2024). This has brought challenges including data privacy concerns, cybersecurity threats, digital exclusion, and a need for better regulation frameworks. To overcome them, the Draft National Data Governance Policy has been designed to provide institutional frameworks for data rules, standards, guidelines, and protocols for the sharing of non-personal data sets in a manner that ensures privacy, security, and trust so that they remain secure, transparent, and accountable.

Objectives omphasizesf the Framework 

The objective of the Framework Policy is to accelerate Digital Governance in India. The framework will standardize data management and security standards across the Government. It will promote transparency, accountability, and ownership in Non-Personal data and dataset access and build a platform to receive and process data requests. It will also set quality standards and promote the expansion of the datasets program and overall non-personal ecosystem. Further, it aims to build India’s digital government goals and capacity, knowledge, and competency in Government departments and entities. All this would be done while ensuring greater citizen awareness, participation, and engagement. 

Key Provisions of the Draft Policy 

The Draft Framework Policy aims to establish a cohesive digital governance ecosystem in India that balances the need for data utilization with protecting citizens' privacy rights. It sets up an institutional framework of the "India Data Management Office (IDMO) set up under the Digital India Corporation (DIC) which will be responsible for developing rules, standards, and guidelines under this Policy. 

The key provisions of the framework policy include: 

• Promoting interoperability among government digital platforms, ensuring data privacy through data anonymization and security, and enhancing citizen access to government services through digital means. 
• The policy e the creation of unified digital IDs, a standardisation in digital processes, and data-sharing guidelines across ministries to improve efficiency. 
• It also focuses on building digital infrastructure, such as cloud services and data centres in order to support e-governance initiatives. 
• Furthermore, it encourages public-private partnerships and sets guidelines for accountability and transparency in digital governance.

Implications and Concerns of the Framework 

• The policy potentially impacts data sharing in India as it mentions data anonymization. The scale of data that would need to be anonymised in India is at a very large scale and it could become a potential challenge to engage in. 
• Data localization and cross-border transfers have raised concerns among global tech companies and trade partners. They argue that such requirements could increase operational costs and hinder cross-border data flows. Striking a balance between protecting national interests and facilitating business operations remains a critical challenge.
• Another challenge associated with the policy is over-data centralization under the IDMO and the potential risks of government overreach in data access.

Key Takeaways and Recommendations

The GDPR in the European Union and the Digital Personal Data Protection Act passed in 2023 in India and many others are the data privacy laws in force in different countries. The policy needs to be aligned with the DPDP Act, 2023 and be updated as per the recent developments. It further needs to maintain transparency over the sharing of data and a user’s control. The policy needs engagement with industry experts, privacy advocates, and civil society to ensure a balance of innovation with privacy and security.

Conclusion

The Draft National Data Governance Framework Policy of 2022 represents a significant stage in shaping India's digital future. It ensures the evolution of data governance evolves alongside technological advancements. The framework policy seeks to foster a robust digital ecosystem that benefits citizens, businesses, and the government alike by focusing on the essentials of data privacy, transparency, and security. However, achieving this vision requires addressing concerns like data centralisation, cross-border data flows, and maintaining alignment with global privacy standards. Continued engagement with stakeholders and necessary updates to the draft policy will be crucial to its success in balancing innovation with user rights and data integrity. The final version of the policy is expected to be released soon.

References

• https://meity.gov.in/writereaddata/files/National-Data-Governance-Framework-Policy.pdf
• https://datareportal.com/?utm_source=DataReportal&utm_medium=Country_Article_Hyperlink&utm_campaign=Digital_2024&utm_term=India&utm_content=Home_Page_Link
• https://www.imf.org/en/Publications/fandd/issues/2023/03/data-by-people-for-people-tiwari-packer-matthan
• https://inc42.com/buzz/draft-national-data-governance-policy-under-finalisation-centre/  
• https://legal.economictimes.indiatimes.com/news/industry/government-unveiled-national-data-governance-policy-in-budget-2023/97680515

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The Delhi High Court vide order dated 21st November 2024 directed the Centre to nominate members for a committee constituted to examine the issue of deepfakes. The court was informed by the Union Ministry of Electronics and Information Technology (MeitY) that a committee had been formed on 20 November 2024 on deepfake matters. The Delhi High Court passed an order while hearing two writ petitions against the non-regulation of deepfake technology in the country and the threat of its potential misuse. The Centre submitted that it was actively taking measures to address and mitigate the issues related to deepfake technology. The court directed the central government to nominate the members within a week. 

The court further stated that the committee shall examine and take into consideration the suggestions filed by the petitioners and consider the regulations as well as statutory frameworks in foreign countries like the European Union. The court has directed the committee to invite the experiences and suggestions of stakeholders such as intermediary platforms, telecom service providers, victims of deepfakes, and websites which provide and deploy deepfakes. The counsel for the petitioners stated that delay in the creation, detection and removal of deepfakes is causing immense hardship to the public at large. Further, the court has directed the said committee to submit its report, as expeditiously as possible, preferably within three months. The matter is further listed on 24th March 2025.

CyberPeace Outlook 

Through the issue of misuse of deepfakes by bad actors, it has become increasingly difficult for users to differentiate between genuine and altered content created by deepfakes. This increasing misuse has led to a rise in cyber crimes and poses dangers to users' privacy. Bad actors use any number of random pictures or images collected from the internet to create such non-consensual deepfake content. Such deepfake videos further pose risks of misinformation and fake news campaigns with the potential to sway elections, cause confusion and mistrust in authorities, and more.

The conceivable legislation governing the deepfake is the need of the hour. It is important to foster regulated, ethical and responsible consumption of technology. The comprehensive legislation governing the issue can help ensure technology can be used in a better manner.  The dedicated deepfake regulation and deploying ethical practices through a coordinated approach by concerned stakeholders can effectively manage the problems presented by the misuse of deepfake technology. Legal frameworks in this regard need to be equipped to handle the challenges posed by deepfake and AI. Accountability in AI is also a complex issue that requires comprehensive legal reforms. The government should draft policies and regulations that balance innovation and regulation. Through a multifaceted approach and comprehensive regulatory landscape, we can mitigate the risks posed by deepfakes and safeguard privacy, trust, and security in the digital age.

References

• https://www.devdiscourse.com/article/law-order/3168452-delhi-high-court-calls-for-action-on-deepfake-regulation
• https://images.assettype.com/barandbench/2024-11-23/w63zribm/Chaitanya_Rohilla_vs_Union_of_India.pdf

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Introduction

Against the dynamic backdrop of Mumbai, where the intersection of age-old markets and cutting-edge innovation is a daily reality, an initiative of paramount importance has begun to take shape within the hallowed walls of the Reserve Bank of India (RBI). This is not just a tweak, a nudge in policy, or a subtle refinement of protocols. What we're observing is nothing short of a paradigmatic shift, a recalibration of systemic magnitude, that aims to recalibrate the way India's financial monoliths oversee, manage, and secure their informational bedrock – their treasured IT systems.

On the 7th of November, 2023, the Reserve Bank of India, that bastion of monetary oversight and national fiscal stability, unfurled a new doctrine – the 'Master Direction on Information Technology Governance, Risk, Controls, and Assurance Practices.' A document comprehensive in its reach, it presents not merely an update but a consolidation of all previously issued guidelines, instructions, and circulars relevant to IT governance, plaited into a seamless narrative that extols virtues of structured control and unimpeachable assurance practices. Moreover, it grasps the future potential of Business Continuity and Disaster Recovery Management, testaments to RBI's forward-thinking vision.

This novel edict has been crafted with a target audience that spans the varied gamut of financial entities – from Scheduled Commercial Banks to Non-Banking Financial Companies, from Credit Information Companies to All India Financial Institutions. These are the juggernauts that keep the economic wheels of the nation churning, and RBI's precision-guided document is an unambiguous acknowledgment of the vital role IT holds in maintaining the heartbeat of these financial bodies. Here lies a riveting declaration that robust governance structures aren't merely preferred but essential to manage the landscape of IT-related risks that balloon in an era of ever-proliferating digital complexity.

Directive Structure

The directive's structure is a combination of informed precision and intuitive foresight. Its seven chapters are not simply a grouping of topics; they are the seven pillars upon which the temple of IT governance is to be erected. The introductory chapter does more than set the stage – it defines the very reality, the scope, and the applicability of the directive, binding the reader in an inextricable covenant of engagement and anticipation. It's followed by a deep dive into the cradle of IT governance in the second chapter, drawing back the curtain to reveal the nuanced roles and defiant responsibilities bestowed upon the Board of Directors, the IT Strategy Committee, the clairvoyant Senior Management, the IT Steering Committee, and the pivotal Head of IT Function.

As we move along to the third chapter, we encounter the nuts and bolts of IT Infrastructure & Services Management. This is not just a checklist; it is an orchestration of the management of IT services, third-party liaisons, the calculus of capacity management, and the nuances of project management. Here terms like change and patch management, cryptographic controls, and physical and environmental safeguards leap from the page – alive with earnest practicality, demanding not just attention but action.

Transparency deepens as we glide into the fourth chapter with its robust exploration of IT and Information Security Risk Management. Here, the demand for periodic dissection of IT-related perils is made clear, along with the edifice of an IT and Information Security Risk Management Framework, buttressed by the imperatives of Vulnerability Assessment and Penetration Testing.

The fifth chapter presents a tableau of circumspection and preparedness, as it waxes eloquent on the necessity and architecture of a well-honed Business Continuity Plan and a disaster-ready DR Policy. It is a paean to the anticipatory stance financial institutions must employ in a world fraught with uncertainty.

Continuing the narrative, the sixth chapter places the spotlight on Information Systems Audit, delineating the precise role played by the Audit Committee of the Board in ushering in accountability through an exhaustive IS Audit of the institution's virtual expanse.

And as we perch on the final chapter, we're privy to the 'repeal and other provisions' of the directive, underscoring the interplay of other applicable laws and the interpretation a reader may yield from the directive's breadth.

Conclusion 

To proclaim that this directive is a mere step forward in the RBI's exhaustive and assiduous efforts to propel India's financial institutions onto the digital frontier would be a grave understatement. What we are witnessing is the inception of a more adept, more secure, and more resilient financial sector. This directive is nothing less than a beacon, shepherding in an epoch of IT governance marked by impervious governance structures, proactive risk management, and an unyielding commitment to the pursuit of excellence and continuous improvement. This is no ephemeral shift - this is, indisputably, a revolutionary stride into a future where confidence and competence stand as the watchwords in navigating the digital terra incognita.

References:

https://www.businesstoday.in/industry/banks/story/rbi-issues-new-directions-on-it-governance-in-banks-nbfcs-effective-from-april-2024-check-details-405061-2023-11-08

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