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Introduction

The most significant change seen in the Indian cyber laws this year was the passing of the Digital Personal Data Protection Act, 2023, in the parliament. DPDP Act is the first concrete form of legislation focusing on the protection of Digital Personal Data of Indian netizens in all aspects; the act is analogous to what GDPR is for Europe. The act lays down heavy compliance mandates for the intermediaries and data fiduciaries, this has made it difficult for the tech companies a lot of policy, legal and technical changes have to be made in order to implement the act to its complete efficiency. Recently, the big techs have addressed a letter to the Minister and Minister of State of Meity to extend the implementation timeline of the act. In other news, the union cabinet has given the green light for the much-awaited MoC with Japan focused on establishing a long-term Semiconductor Supply Chain Partnership. 

Letter to Meity

The lobby of the big techs represented by a Trade Body named the Big Tech Asia Internet Coalition (AIC) this week wrote to the Ministry of Electronics and Information Technology (Meity), addressing it to the Minister Ashwini Vaishnav and Minister of State (MoS) Rajeev Chandershekhra recommending a 12-18 month extension on the implementation of the Digital Personal Data Protection Act. This request comes at a time when the government has been voicing its urgency to implement the act in order to safeguard Indian data at the earliest. The trade body represented big names, including Meta, Google, Microsoft, Apple and many more. These big techs essentially comprise the segment recognised under the DPDP as the Significant Data Fiduciaries due to the sheer volume of data processed, hosted, stored, etc. In the protective sense, the act has been designed to focus on preventing the exploitation of personal data of Indian netizens by the big techs, hence, they form an integral part of the Indian Data Ecosystem.  The following reasons/complications concerning the implementation of the act were highlighted in the letter:

• Unrealistic Timelines: The AIC expressed that the current timeline for the implementation of the act seems unrealistic for the big techs to establish technological, policy and legal mechanisms to be in compliance with section 5 of the act, which talks about the Obligations of a Data Fiduciary and the particular notice to be shared with the data principles in accordance with the act. 
• Technical Requirements: Members of AIC expressed that the duration for the implementation of the act is much less in comparison to the time required by the tech companies to set up/deploy relevant technical critical infrastructure, SoPs and capacity building for the same. This will cause a major hindrance in establishing the efficiency of the act.
• Data Rights:  Right to Erasure, Correction, Deletion, Nominate, etc., are guaranteed under the DPDP, but the big techs are not sure about the efficient implementation of these rights and hence will need fundamental changes in the technology architecture of their platform, thus expressing concern of the early implementation of the act. 
• Equivalency to GDPR: The DPDP is taken to be congruent to the European GDPR, but the DPDP focuses on a few more aspects, such as cross-border data flow and compliance mandates for the right to erasure, hence a lot of GDPR-compliant big techs also need to establish more robust mechanisms to maintain compliance to Indian DPDP.     

Indo-Japan MoC

A Memorandum of Cooperation (MoC) on the Japan-India Semiconductor Supply Chain Partnership was signed in July 2023 between the Ministry of Electronics and Information Technology (MeitY) of India and the Ministry of Economy, Trade and Industry (METI) of Japan. This information was shared with the Union Cabinet, which is led by Prime Minister Narendra Modi. The Ministry of Commerce (MoC) aims to expand collaboration between Japan and India in order to improve the semiconductor supply chain. This is because semiconductors are critical to the development of industries and digital technologies. The Parties agree that the MoC will take effect on the date of signature and be in effect for five years. Bilateral cooperation on business-to-business and G2G levels on ways to develop a robust semiconductor supply chain and make use of complementary skills. The cooperation is aimed at harnessing indigenous talent and creating opportunities for higher employment avenues. 

MeitY's purpose also includes promoting international cooperation within bilateral and regional frameworks in the frontier and emerging fields of information technology. MeitY has engaged in Memorandums of Understanding (MoUs), Memorandums of Covenants (MoCs), and Agreements with counterpart organisations/agencies of other nations with the aim of fostering bilateral collaboration and information sharing. Additionally, MeitY aims to establish supply chain resilience, which would enable India to become a reliable partner. An additional step towards mutually advantageous semiconductor-related commercial prospects and collaborations between India & Japan is the strengthening of mutual collaboration between Japanese and Indian enterprises through this Memorandum of Understanding. The “India-Japan Digital Partnership” (IJDP), which was introduced during PM Modi's October 2018 visit to Japan, was created in light of the two countries' complementary and synergistic efforts. Its goal is to advance both current areas of cooperation and new initiatives within the scope of S&T/ICT cooperation, with a particular emphasis on “Digital ICT Technologies."

Conclusion 

As we move ahead into the digital age, it is pertinent to be aware and educated about the latest technological advancements, new forms of cybercrimes and threats and legal aspects of digital rights and responsibilities, whether it is the recommendation to extend the implementation of DPDP or the Indo-Japan MoC, both of these instances impact the Indian netizen and his/her interests. Hence, the indigenous netizen needs to develop a keen interest in the protection of the Indian cyber-ecosystem to create a safer future. In our war against technology, our best weapon is technology and awareness, thus implementing the same in our daily digital lifestyles and routines is a must.  

References

• https://www.eetindia.co.in/cabinet-approves-moc-on-japan-india-semiconductor-supply-chain-partnership/
• https://www.moneycontrol.com/news/business/startup/trade-body-representing-big-tech-urges-govt-to-extend-dpdp-act-implementation-by-1-5-years-11605431.html
• https://www.google.com/url?rct=j&sa=t&url=https://www.eetindia.co.in/cabinet-approves-moc-on-japan-india-semiconductor-supply-chain-partnership/&ct=ga&cd=CAEYACoTOTI3Mzg4NzEyODgwMjI2ODk0MDIaOTBiYzUxNmI5YTRjYTE1NTpjb206ZW46VVM&usg=AOvVaw2lEO7-cIBZ_ox1xV39LGLs

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Introduction

In today’s digital age, everyone is online, so is the healthcare sector worldwide. The latest victim of a data breach is Hong Kong healthcare provider OT&P Healthcare, which has recently suffered a data loss of 100,000 patients that exposed their medical history, and caused concern to the patients and their families. This breach has highlighted the vulnerability in the healthcare sector /industry and the importance of cybersecurity measures to protect sensitive information. This blog will explore the data breach, its impact on patients and families, and the best practices for safeguarding sensitive data.

Background: On 13 March 2023, an incident took place where the Cybercriminals deployed a variety of methods to breach the data, which included phishing attacks, malware, and exploiting software vulnerabilities. OT&P Health Care exploits the sensitive data of the patients. According to OT&P Healthcare, it is working together with law enforcement and has hired a cybersecurity firm to investigate the incident and tighten its security procedures. Like other data breaches, the inquiry will most certainly take some time to uncover the actual source and scope of the intrusion. Regardless of the cause of the breach, this event emphasises the significance of frequent cybersecurity assessments, vulnerability testing, and proactive data protection measures. Considering the dangers in the healthcare sector must be cautious in preserving the personal and medical records of the patients as they are sensitive in nature.

Is confidentiality at stake due to data breaches?

Medical data breaches represent a huge danger to patients, with serious ramifications for their privacy, financial security, and physical health. Some of the potential hazards and effects of medical data breaches are as follows:

• Compromise of patient data: Medical data breaches can expose patients’ sensitive information, such as their medical history, diagnoses, treatment, and medication regimens. If history is highly personal and reaches the wrong hands, it could harm someone’s reputation.
• Identity theft: the data stolen by the cybercriminals may be used by them to open credit accounts and apply for loans, Patients can suffer severe financial and psychological stress because of identity theft since they may spend years attempting to rebuild their credit and regain their good name.
• Medical Fraud: Medical data breaches can also result in medical fraud, which occurs when hackers use stolen medical information to charge insurance companies for services that were not performed or for bogus treatments or procedures. Medical fraud may result in financial losses for patients, insurance companies, and individuals obtaining ineffective or risky medical care.

Impact on patients

Data breach does not cause financial loss but may also profoundly impact their mental health and emotional well-being. let’s understand some psychological impacts:

• Anxiety and Stress: Patients whose medical data has been affected may experience feelings of stress and anxiety as they worry about the potential consequences of the data loss can be misused.
• Loss of faith: Patients may lose faith in their healthcare providers if they believe their personal and medical information needs to be properly As a result, patients may be reluctant to disclose sensitive information to their healthcare professionals, compromising the quality of their medical care.
• Sense of Embarrassment: Patients may feel disregarded or ashamed if their sensitive medical information is revealed, particularly if it relates to a sensitive or stigmatised This might lead to social isolation and a reluctance to seek further medical treatment.
• Post-Traumatic Stress Disorder (PTSD): Patients who have experienced a data breach may have PTSD symptoms such as nightmares, flashbacks, and avoidance behaviour. This can have long-term consequences for their mental health and quality of life.

Legal Implications of Data Breach

Patients have certain legal rights and compensations when a healthcare data breach occurs. Let’s have a look at them: –

• Legal Liability: Healthcare providers have a legal obligation to protect data under various privacy and security laws if they fail to take appropriate measures to protect patient data, they may be held legally liable for resulting harm.
• Legal recourse: Patients whose healthcare data leak has impacted them have the legal right to seek compensation and hold healthcare providers and organisations This could involve suing the healthcare practitioner or organisationresponsible for the breach.
• Right to seek compensation: the patients who have suffered from the data loss are liable to seek compensation.
• Notifications: As soon as a data breach takes place, it impacts the organisation and its customers. In this case, it is the responsibility of the OT&P to
• notify their patients about the data breach and inform them about the consequences.
• Take Away from OT &P Healthcare Data Breach: with the growing data breaches in the healthcare industry, here are some lessons that can be learned from the Hong Kong data breach.
• Cybersecurity: The OT&P Healthcare data breach points to the vital need to prioritisecybersecurity in healthcare. To secure themselves, hospitals and the healthcare sector must use the latest software to protect their data.
• Regular risk assessments: These assessments help find system vulnerabilities and security issues. This can assist healthcare providers and organisationsin taking the necessary actions to avoid data breaches and boost their cybersecurity defences.
• Staff Training: Healthcare workers should be taught cybersecurity best practices, such as detecting and responding to phishing attempts, handling sensitive data, and reporting suspected security breaches. This training should be continued to keep workers updated on the newest cybersecurity trends and threats.
• Incident Response Strategy: Healthcare providers and organisations should have an incident response policy in place to deal with data breaches and other security concerns. This strategy should include protocols for reporting instances, limiting the breach, and alerting patients and verified authorities.

Conclusion

The recent data breach in Hong Kong healthcare impact not only the patients but also their trust is shaken. As we continue to rely on digital technology for medical records and healthcare delivery, it is essential that healthcare providers and organisations take proactive steps to protect patient data from cyber-attacks and data breaches.

References

https://www.marketing-interactive.com/otp-healthcare-apologises-over-data-breach-patients-reportedly-impacted

https://www.scmp.com/news/hong-kong/health-environment/article/3219827/personal-data-medical-history-100000-patients-may-have-been-leaked-cyberattack-hong-kong-healthcare

https://www.teiss.co.uk/news/hong-kongs-otp-healthcare-exposes-the-medical-history-of-100000-patients-12170

Introduction

As our reliance on digital communication technologies increases, so do the risks associated with the same. The propagation of false information is a significant concern. According to the World Economic Forum's 2024 Global Risk Report, India ranks the highest for misinformation and disinformation risk. Indian Vice President Shri Jagdeep Dhankhar emphasized the importance of transparency and accountability in the digital information age, addressing Indian Information Service officer trainees at the Vice President's Enclave on 18th June 2024. He has highlighted the issue of widespread misinformation and the need to regulate it. He stated “Information is power, information is too dangerous a power, information is that power which has to be regulated’’.

VC calls for regulation of the Information Landscape 

The Vice President of India, Shri Dhankhar, has called on young Indian Information Service officers to act swiftly to neutralize misinformation on social media. He emphasized the importance of protecting individuals and institutions from fake narratives set afloat on social media. The VP called for the officers to act as information warriors, protecting the privacy and reputation of affected individuals or institutions. 

The VP also highlighted India's vibrant democracy and the need for trust in the government. He called for the neutralization of motivated narratives set by global media and stressed the importance of not allowing others to calibrate them. He also emphasized the need to promote India's development narrative globally, highlighting its rich cultural heritage and diversity. He has expressed the need to regulate information, saying “Unregulated information & fake news can create a disaster of un-imaginable proportion.”

MeitY Advisory dated 1st March 2024

As regards to the issue of misinformation, the recently-issued advisory by the Ministry of Electronics and Information Technology (MeitY), specifies that all users should be well informed about the consequences of dealing with unlawful information on online platforms, including disabling access, removing non-compliant information, suspension or termination of access or usage rights of the user to their user account and imposing punishment under applicable law. The advisory entails that users are clearly informed, through terms of services and user agreements, about the consequences of engaging with unlawful information on the platform. Measures to combat deepfakes or misinformation have also been discussed in the advisory. The advisory necessitates identifying synthetically-created content across various formats, and advising platforms to employ labels, unique identifiers, or metadata to ensure transparency. Furthermore, the advisory mandates the disclosure of software details and tracing the first originator of such synthetically created content.

Conclusion

The battle against the growing incidences of misinformation and disinformation will not be easily won: developing a robust regulatory framework to counter online misinformation is essential. Alongside the regulatory framework, the government should encourage digital literacy campaigns, promote prebunking and debunking strategies and collaborate with relevant organisations such as cybersecurity experts, fact-checking entities, researchers, and policy analysts to combat misinformation on the Internet. Vice President Jagdeep Dhankhar's statement scores the need to regulate information to prevent the spread of fake news or misinformation.

References:

1. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2026304
2. https://regmedia.co.uk/2024/03/04/meity_ai_advisory_1_march.pdf

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