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"Cybercriminals are unleashing a surprisingly high volume of new threats in this short period of time to take advantage of inadvertent security gaps as organizations are in a rush to ensure business continuity.”

Cyber security firm Fortinet on Monday announced that over the past several weeks, it has been monitoring a significant spike in COVID-19 related threats.

An unprecedented number of unprotected users and devices are now online with one or two people in every home connecting remotely to work through the internet. Simultaneously there are children at home engaged in remote learning and the entire family is engaged in multi-player games, chatting with friends as well as streaming music and video. The cybersec firm’s FortiGuard Labs is observing this perfect storm of opportunity being exploited by cybercriminals as the Threat Report on the Pandemic highlights:

A surge in Phishing Attacks: The research shows an average of about 600 new phishing campaigns every day. The content is designed to either prey on the fears and concerns of individuals or pretend to provide essential information on the current pandemic. The phishing attacks range from scams related to helping individuals deposit their stimulus for Covid-19 tests, to providing access to Chloroquine and other medicines or medical device, to providing helpdesk support for new teleworkers.

Phishing Scams Are Just the Start: While the attacks start with a phishing attack, their end goal is to steal personal information or even target businesses through teleworkers. Majority of the phishing attacks contain malicious payloads – including ransomware, viruses, remote access trojans (RATs) designed to provide criminals with remote access to endpoint systems, and even RDP (remote desktop protocol) exploits.

A Sudden Spike in Viruses: The first quarter of 2020 has documented a 17% increase in viruses for January, a 52% increase for February and an alarming 131% increase for March compared to the same period in 2019. The significant rise in viruses is mainly attributed to malicious phishing attachments. Multiple sites that are illegally streaming movies that were still in theatres secretly infect malware to anyone who logs on. Free game, free movie, and the attacker is on your network.

Risks for IoT Devices magnify: As users are all connected to the home network, attackers have multiple avenues of attack that can be exploited targeting devices including computers, tablets, gaming and entertainment systems and even online IoT devices such as digital cameras, smart appliances – with the ultimate goal of finding a way back into a corporate network and its valuable digital resources.

Ransomware like attack to disrupt business: If the device of a remote worker can be compromised, it can become a conduit back into the organization’s core network, enabling the spread of malware to other remote workers. The resulting business disruption can be just as effective as ransomware targeting internal network systems for taking a business offline. Since helpdesks are now remote, devices infected with ransomware or a virus can incapacitate workers for days while devices are mailed in for reimaging.

“Though organizations have completed the initial phase of transitioning their entire workforce to remote telework and employees are becoming increasingly comfortable with their new reality, CISOs continue to face new challenges presented by maintaining a secure teleworker business model. From redefining their security baseline, or supporting technology enablement for remote workers, to developing detailed policies for employees to have access to data, organizations must be nimble and adapt quickly to overcome these new problems that are arising”, said Derek Manky, Chief, Security Insights & Global Threat Alliances at Fortinet – Office of CISO.

Introduction

In 2019 India got its bill on Data protection in the form of the Personal Data Protection Bill 2019. This bill focused on digital rights and duties pertaining to data privacy. However, the bill was scrapped by the Govt in mid-2022, and a new bill was drafted, Successor bill was introduced as the Digital Personal Data Protection Bill, 2022 on 18th November 2022, which was made open for public comments and consultations and now the bill is expected to be tabled at the parliament in the Monsoon session.

What is DPDP, 2022?

Digital Personal Data Protection Bill, is the lasted draft regulation for data privacy in India. The bill has been essentially focused towards data protection by companies and the keep aspect of Puttaswamy judgement of data privacy as a fundamental right has been upheld under the scope of the bill. The bill comes after nearly 150 recommendations which the parliamentary committee made when the PDP, 2019 was scrapped.

The bill highlights the following keen aspects-

• Data Fiduciary- The entity (an individual, company, firm, state, etc.) which decides the purpose and means of processing an individual’s personal data.
• Data Principle- The individual to whom personal data is related.
• Processing- The entire cycle of operations that can be carried out concerning personal data.
• Gender Neutrality- For the first time in India’s legislative history, “her” and “she” have been used to refer to individuals irrespective of gender.
• Right to Erase Data- Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
• Cross-border data transfer- The bill allows cross-border data after an assessment of relevant factors by the Central Government.
• Children’s Rights- The bill guarantees the right to digital privacy under the protection of parents/guardians.
• Heavy Penalties- The bill enforces heavy penalties for non-compliance with the provisions, not exceeding Rs 500 crore.

Data Protection Board

The bill lays down provisions for setting up a Data Protection Board. This board will be an independent body acting solely on the factors of data privacy and protection of the data principles and maintaining compliance by data fiduciaries. The board will be headed by a chairperson of essential and relevant qualifications, and members and various other officials shall assist him/her under the board. The board will serve grievance redressal to the data principles and can conduct investigation, inquiry, proceeding, and pass orders equivalent to a Civil court. The proceeding will be undertaken on the principle of natural justice, and the aggrieved can file an appeal to the High Court of appropriate jurisdiction.

Global Comparison

Many countries have data protection laws that regulate the processing of personal data. Some of the notable examples include:

• European Union: The EU’s General Data Protection Regulation (GDPR) is one of the world’s most comprehensive data protection laws. It regulates public and private entities’ processing of personal data and gives individuals a wide range of rights over their personal data.
• United States: The US has several data protection laws that apply to specific sectors or types of data, such as health data (HIPAA) or financial data (Gramm-Leach-Bliley Act). However, there is no comprehensive federal data protection law in the US.
• Japan: Japan’s Personal Information Protection Act (PIPA) regulates the handling of personal data by private entities and gives individuals certain rights over their personal data.
• Australia: Australia’s Privacy Act 1988 regulates the handling of personal data by public and private entities and gives individuals certain rights over their personal data.
• Brazil: Brazil’s General Data Protection Law (LGPD) regulates the processing of personal data by public and private entities and gives individuals certain rights over their personal data. It also imposes heavy fines and penalties on entities that violate the provisions of the law.

Overall, while there are some similarities in data protection laws across countries, there are also significant differences in scope, applicability, and enforcement. It is important for organisations to understand the data protection laws that apply to their operations and take appropriate steps to comply with these laws.

Parliamentary Asscent

The case of violation of the privacy policy by WhatsApp at the Hon’ble Supreme Court resulted in a significant advocacy for Data privacy as a fundamental right, and it was held that, as suggested otherwise in the privacy policy, Whatsapp was sharing its user’s data with Meta. This massive breach of trust could have led to data mismanagement affecting thousands of Indian users. The Hon’ble Supreme Court has taken due consideration of data privacy and its challenges in India and asked the Govt to table the bill in Parliament. The bill will be tabled for discussion in the monsoon session. The Supreme Court has set up a constitutional bench to check the bill’s scope, extent and applications and provide its judicial oversight.  The constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar has fixed the matter for hearing in August in order to enforce the potential changes and amendments in the act post the parliamentary discussion.

Conclusion

India is the world’s largest democracy, so the crucial aspects of passing laws and amendments have always been followed by the government and kept under check by the judiciary. The discussion over bills is a crucial part of the democratic process, and bills as important as Digital Personal Data Protection need to be discussed and analysed thoroughly in both houses of Parliament to ensure the govt passes a sustainable and efficient law.

Introduction:

Technology has become a vital part of everyone’s life nowadays, it occupies essential activities of a person’s life whether we are working or playing and studying. I would say from education to corporate, technology makes everything easier and simpler to achieve the goals for a particular thing.  Corporate companies are using technology for their day-to-day work and there are many law-based foundations that are publishing blogs and papers for legal awareness, many lawyers use internet technology for promoting themselves which amounts to growth in their work. Some legal work can now be done by machines, which was previously unthinkable. Large disputes frequently have many documents to review. Armies of young lawyers and paralegals are typically assigned to review these documents. This work can be done by a properly trained machine. Machine drafting of documents is also gaining popularity. We’ve also seen systems that can forecast the outcome of a dispute. We are starting to see machines take on many tasks that we once thought was solely the domain of lawyers.

How to expand law firms and the corporate world with the help of technology?

If we talk about how lawyers’ lives will be impacted by technology then I would explain about law students first. Students are the one who is utilizing the technology at its best for their work, tech could be helpful in students’ lives. as law students use SCC online and manupatra, which are used for case laws. And during their law internships, they use it to help their seniors to find appropriate cases for them. and use it as well for their college research work. SCC and manupatra are very big platforms by which we can say if students use technology for their careers, it will impact their law career in the best ways.

A lawyer running a law firm is not a small task, and there are plenty of obstacles to that, such as a lack of tech solutions, failure to fulfil demands, and inability to innovate, these obstacles prevent the growth of some firms. The right legal tech can grow an organization or a law firm and there will be fewer obstacles.

Technology can be proven as a good mechanism to grow the law firm, as everything depends on tech, from court work to corporate. If we talk about covid during 2020, everything shifted towards the virtual world, court hearings switched to online mode due to covid which proved as a bone to the legal system as the case hearings were speedy and there was no physical contact due to that.

Legal automation is also helping law firms to grow in a competitive world. And it has other benefits also like shifting tedious tasks from humans to machines, allowing the lawyer to work on more valuable work. I would say that small firms should also need to embrace automation for competition in the corporate sector. Today, artificial intelligence offers a solution to solve or at least make the access-to-justice issue better and completely transform our traditional legal system.

There was a world-cited author, Richard Susskind, OBE, who talked about the future of law and lawyers and he wrote a book, Online Courts and the Future of Justice. Richard argues that technology is going to bring about a fascinating decade of change in the legal sector and transform our court system. Although automating our old ways of working plays a part in this, even more, critical is that artificial intelligence and technology will help give more individuals access to justice.

The rise of big data has also resulted in rapid identification systems, which allow police officers to quickly see an individual’s criminal history through a simple search.The FBI’s Next Generation Identification (NGI) system matches individuals with their criminal history information using biometrics such as fingerprints, palm prints, iris recognition, and facial recognition. The NGI’s current technologies are constantly being updated, and new ones are being added, to make the NGI the most comprehensive way to gather up-to-date information on the person being examined

During covid, there were e-courts services in courts, and lawyers and judges were taking cases online. After the covid, the use of technology increased in the law field also from litigation to corporate. As technology can also safeguard confidential information between parties and lawyers. There was ODR, (online dispute resolution) happening meetings that were taking place online mode.

File sharing is inevitable in the practice of law. Yet sometimes the most common ways of sharing (think email) are not always the most secure. With the remote office, the boom has come an increased need for alternate file-sharing solutions. There is data encryption to protect data as it is a reliable method to protect confidential data and information.

Conclusion-

Technology has been playing a vital role in the legal industry and has increased the efficiency of legal offices and the productivity of clerical workers. With the advent of legal tech, there is greater transparency between legal firms and clients. Clients know how many fees they must pay and can keep track of the day-to-day progress of the lawyer on their case. Also, there is no doubt that technology, if used correctly, is fast and efficient – more than any human individual. This can prove to be of great assistance to any law firm.  Lawyers of the future will be the ones who create the systems that will solve their client’s problems. These legal professionals will include legal knowledge engineers, legal risk managers, system developers, design thinking experts, and others. These people will use technology to create new ways of solving legal problems. In many ways, the legal sector is experiencing the same digitization that other industries have, and because it is so document-intensive, it is actually an industry that stands to benefit greatly from what technology has to offer.