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Introduction

With the increasing reliance on digital technologies in the banking industry, cyber threats have become a significant concern. Cyberlaw plays a crucial role in safeguarding the banking sector from cybercrimes and ensuring the security and integrity of financial systems.

The banking industry has witnessed a rapid digital transformation, enabling convenient services and greater access to financial resources. However, this digitalisation also exposes the industry to cyber threats, necessitating the formulation and implementation of effective cyber law frameworks.

Recent Trends in the Banking Industry

Digital Transformation: The banking industry has embraced digital technologies, such as mobile banking, internet banking, and financial apps, to enhance customer experience and operational efficiency.

Open Banking: The concept of open banking has gained prominence, enabling data sharing between banks and third-party service providers, which introduces new cyber risks.

How Cyber Law Helps the Banking Sector

The banking sector and cyber crime share an unspoken synergy due to the mass digitisation of banking services. Thanks to QR codes, UPI and online banking payments, India is now home to 40% of global online banking transactions. Some critical aspects of the cyber law and banking sector are as follows:

Data Protection: Cyberlaw mandates banks to implement robust data protection measures, including encryption, access controls, and regular security audits, to safeguard customer data.

Incident Response and Reporting: Cyberlaw requires banks to establish incident response plans, promptly report cyber incidents to regulatory authorities, and cooperate in investigations.

Customer Protection: Cyberlaw enforces regulations related to online banking fraud, identity theft, and unauthorised transactions, ensuring that customers are protected from cybercrimes.

Legal Framework: Cyberlaw provides a legal foundation for digitalisation in the banking sector, assuring customers that regulations protect their digital transactions and data.

Cybersecurity Training and Awareness: Cyberlaw encourages banks to conduct regular training programs and create awareness among employees and customers about cyber threats, safe digital practices, and reporting procedures.

RBI Guidelines

The RBI, as India’s central banking institution, has issued comprehensive guidelines to enhance cyber resilience in the banking industry. These guidelines address various aspects, including:

Technology Risk Management

Cyber Security Framework

IT Governance

Cyber Crisis Management Plan

Incident Reporting and Response

Recent Trends in Banking Sector Frauds and the Role of Cyber Law

Phishing Attacks: Cyberlaw helps banks combat phishing attacks by imposing penalties on perpetrators and mandating preventive measures like two-factor authentication.

Insider Threats: Cyberlaw regulations emphasise the need for stringent access controls, employee background checks, and legal consequences for insiders involved in fraudulent activities.

Ransomware Attacks: Cyberlaw frameworks assist banks in dealing with ransomware attacks by enabling legal actions against hackers and promoting preventive measures, such as regular software updates and data backups.

Master Directions on Cyber Resilience and Digital Payment Security Controls for Payment System Operators (PSOs)

Draft of Master Directions on Cyber Resilience and Digital Payment Security Controls for Payment System Operators (PSOs) issued by the Reserve Bank of India (RBI). The directions provide guidelines and requirements for PSOs to improve the safety and security of their payment systems, with a focus on cyber resilience. These guidelines for PSOs include mobile payment service providers like Paytm or digital wallet payment platforms.

Here are the highlights-

The Directions aim to improve the safety and security of payment systems operated by PSOs by providing a framework for overall information security preparedness, with an emphasis on cyber resilience.

The Directions apply to all authorised non-bank PSOs.

PSOs must ensure adherence to these Directions by unregulated entities in their digital payments ecosystem, such as payment gateways, third-party service providers, vendors, and merchants.

The PSO’s Board of Directors is responsible for ensuring adequate oversight over information security risks, including cyber risk and cyber resilience. A sub-committee of the Board may be delegated with primary oversight responsibilities.

PSOs must formulate a Board-approved Information Security (IS) policy that covers roles and responsibilities, measures to identify and manage cyber security risks, training and awareness programs, and more.

PSOs should have a distinct Board-approved Cyber Crisis Management Plan (CCMP) to detect, contain, respond, and recover from cyber threats and attacks.

A senior-level executive, such as a Chief Information Security Officer (CISO), should be responsible for implementing the IS policy and the cyber resilience framework and assessing the overall information security posture of the PSO.

PSOs need to define Key Risk Indicators (KRIs) and Key Performance Indicators (KPIs) to identify potential risk events and assess the effectiveness of security controls. The sub-committee of the Board is responsible for monitoring these indicators.

PSOs should conduct a cyber risk assessment when launching new products, services, technologies, or significant changes to existing infrastructure or processes.

PSOs, including inventory management, identity and access management, network security, application security life cycle, security testing, vendor risk management, data security, patch and change management life cycle, incident response, business continuity planning, API security, employee awareness and training, and other security measures should implement various baseline information security measures and controls.

PSOs should ensure that payment transactions involving debit to accounts conducted electronically are permitted only through multi-factor authentication, except where explicitly permitted/relaxed.

Conclusion

The relationship between cyber law and the banking industry is crucial in ensuring a secure and trusted digital environment. Recent trends indicate that cyber threats are evolving and becoming more sophisticated. Compliance with cyber law provisions and adherence to guidelines such as those provided by the RBI is essential for banks to protect themselves and their customers from cybercrimes. By embracing robust cyber law frameworks, the banking industry can foster a resilient ecosystem that enables innovation while safeguarding the interests of all stakeholders or users.

AI systems have grown in both popularity and complexity on which they operate. They are enhancing accessibility for all, including people with disabilities, by revolutionising sectors including healthcare, education, and public services.  We are at the stage where AI-powered solutions that can help people with mental, physical, visual or hearing impairments perform everyday and complex tasks are being created. 

Generative AI is now being used to amplify human capability. The development of tools for speech-to-text and image recognition is helping in facilitating communication and interaction for visually or hearing-impaired individuals, and smart prosthetics are providing tailored support. Unfortunately, even with these developments, PWDs have continued to face challenges. Therefore, it is important to balance innovation with ethical considerations aand ensuring that these technologies are designed with qualities like privacy, equity, and inclusivity in mind. 

Access to Tech: the Barriers Faced by PWDs 

PWDs face several barriers while accessing technology. Identifying these challenges is important as they lack computer accessibility, in the use of hardware and software, which has become a norm in life nowadays. Website functions that only work when users click with a mouse, self-service kiosks without accessibility features, touch screens without screen reader software or tactile keyboards, and out-of-order equipment, such as lifts, captioning mirrors and description headsets, are just some difficulties that they face in their day-to-day life.

While they are helpful, much of the current technology doesn’t fully address all disabilities. For example, many assistive devices focus on visual or mobility impairments, but they fall short of addressing cognitive or sensory conditions. In addition to this, these solutions often lack personalisation, making them less effective for individuals with diverse needs. AI has significant potential to bridge this gap. With adaptive systems like voice assistants, real-time translation, and personalised features, AI can create more inclusive solutions, improving access to both digital and physical spaces for everyone.

The Importance of Inclusive AI Design

Creating an Inclusive AI design is important. It ensures that PWDs are not excluded from technological advancements because of the impairments that they are suffering from. The concept of an ‘inclusive or universal’ design promotes creating products and services that are usable for the widest possible range of people.  Tech Developers have an ethical responsibility to create advancements in AI that serve everyone. Accessibility features should be built into the core design. They should be treated as a practice rather than an afterthought. However, bias in AI development often stems from data of a non-representative nature, or assumptions can lead to systems that overlook or poorly serve PWDs. If AI algorithms are trained on limited or biased data, they risk excluding marginalised groups, making ethical, inclusive design a necessity for equity and accessibility.

Regulatory Efforts to Ensure Accessible AI

In India, the Rights of Persons with Disabilities Act of 2016 impresses upon the need to provide PWDs with equal accessibility to technology. Subsequently, the DPDP Act of 2023 highlights data privacy concerns for the disabled under section 9 to process their data. 

On the international level, the newly incorporated EU’s AI Act mandates measures for transparent, safe, and fair access to AI systems along with including measures that are related to accessibility. 

In the US, the Americans with Disabilities Act of 1990 and Section 508 of the 1998 amendment to the Rehabilitation Act of 1973 are the primary legislations that work on promoting digital accessibility in public services.

Challenges in implementing Regulations for AI Accessibility for PWDs

Defining the term ‘inclusive AI’ is a challenge. When working on implementing regulations and compliance for the accessibility of AI, if the primary work is left undefined, it makes the task of creating tools to address the issue an issue. The rapid pace of tech and AI development has more often outpaced legal frameworks in development. This leads to the creation of enforcement gaps. Countries like Canada and tech industry giants like Microsoft and Google are leading forces behind creating accessible AI innovations. Their regulatory frameworks focus on developing AI ethics with inclusivity and collaboration with disability rights groups. 

India’s efforts in creating an inclusive AI include the redesign of the Sugamya Bharat app. The app had been created to assist PWDs and the elderly.  It will now be incorporating AI features specifically to assist the intended users. 

Though AI development has opportunities for inclusivity, unregulated development can be risky.  Regulation plays a critical role in ensuring that AI-driven solutions prioritise inclusivity, fairness, and accessibility, harnessing AI’s potential to empower PWDs and contribute to a more inclusive society.

Conclusion

AI development can offer PWDs unprecedented independence and accessibility in leading their lives. The development of AI while keeping inclusivity and fairness in mind is needed to be prioritised. AI that is free from bias, combined with robust regulatory frameworks, together are essential in ensuring that AI serves equitably. Collaborations between tech developers, policymakers, and disability advocates need to be supported and promoted to build AI systems. This will in turn work towards bridging the accessibility gaps for PWDs. As AI continues to evolve, maintaining a steadfast commitment to inclusivity will be crucial in preventing marginalisation and advancing true technological progress for all.

References

• https://www.business-standard.com/india-news/over-1-4k-accessibility-related-complaints-filed-on-govt-app-75-solved-124090800118_1.html 
• https://www.forbes.com/councils/forbesbusinesscouncil/2023/06/16/empowering-individuals-with-disabilities-through-ai-technology/ .
• https://hbr.org/2023/08/designing-generative-ai-to-work-for-people-with-disabilities ‍
• Thehttps://blogs.microsoft.com/on-the-issues/2018/05/07/using-ai-to-empower-people-with-disabilities/andensur,personalization

Introduction

In 2022, Oxfam’s India Inequality report revealed the worsening digital divide, highlighting that only 38% of households in the country are digitally literate. Further, only 31% of the rural population uses the internet, as compared to 67% of the urban population. Over time, with the increasing awareness about the importance of digital privacy globally, the definition of digital divide has translated into a digital privacy divide, whereby different levels of privacy are afforded to different sections of society. This further promotes social inequalities and impedes access to fundamental rights.

Digital Privacy Divide: A by-product of the digital divide

The digital divide has evolved into a multi-level issue from its earlier interpretations; level I implies the lack of physical access to technologies, level II refers to the lack of digital literacy and skills and recently, level III relates to the impacts of digital access. Digital Privacy Divide (DPD) refers to the various gaps in digital privacy protection provided to users based on their socio-demographic patterns. It forms a subset of the digital divide, which involves uneven distribution, access and usage of information and communication technology (ICTs). Typically, DPD exists when ICT users receive distinct levels of digital privacy protection. As such, it forms a part of the conversation on digital inequality. 

Contrary to popular perceptions, DPD, which is based on notions of privacy, is not always based on ideas of  individualism and collectivism and may constitute internal and external factors at the national level. A study on the impacts of DPD conducted in the U.S., India, Bangladesh and Germany highlighted that respondents in Germany and Bangladesh expressed more concerns about their privacy compared to respondents in the U.S. and India. This suggests that despite the U.S. having a strong tradition of individualistic rights, that is reflected in internal regulatory frameworks such as the Fourth Amendment, the topic of data privacy has not garnered enough interest from the population. Most individuals consider forgoing the right to privacy as a necessary evil to access many services, and schemes and to stay abreast with technological advances. Research shows that 62%- 63% of Americans believe that companies and the government collecting data have become an inescapable necessary evil in modern life. Additionally, 81% believe that they have very little control over what data companies collect and about 81% of Americans believe that the risk of data collection outweighs the benefits. Similarly, in Japan, data privacy is thought to be an adopted concept emerging from international pressure to regulate, rather than as an ascribed right, since collectivism and collective decision-making are more valued in Japan, positioning the concept of privacy as subjective, timeserving and an idea imported from the West.

Regardless, inequality in privacy preservation often reinforces social inequality. Practices like surveillance that are geared towards a specific group highlight that marginalised communities are more likely to have less data privacy. As an example, migrants, labourers, persons with a conviction history and marginalised racial groups are often subject to extremely invasive surveillance under suspicions of posing threats and are thus forced to flee their place of birth or residence. This also highlights the fact that focus on DPD is not limited to those who lack data privacy but also to those who have (either by design or by force) excess privacy. While on one end, excessive surveillance, carried out by both governments and private entities, forces immigrants to wait in deportation centres during the pendency of their case, the other end of the privacy extreme hosts a vast number of undocumented individuals who avoid government contact for fear of deportation, despite noting high rates of crime victimization.

DPD is also noted among groups with differential knowledge and skills in cyber security. For example, in India, data privacy laws mandate that information be provided on order of a court or any enforcement agency. However, individuals with knowledge of advanced encryption are adopting communication channels that have encryption protocols that the provider cannot control (and resultantly able to exercise their right to privacy more effectively),  in contrast with individuals who have little knowledge of encryption, implying a security as well as an intellectual divide. While several options for secure communication exist, like Pretty Good Privacy, which enables encrypted emailing, they are complex and not easy to use in addition to having negative reputations, like the Tor Browser. Cost considerations also are a major factor in propelling DPD since users who cannot afford devices like those by Apple, which have privacy by default, are forced to opt for devices that have relatively poor in-built encryption. 

Children remain the most vulnerable group. During the pandemic, it was noted that only 24% of Indian households had internet facilities to access e-education and several reported needing to access free internet outside of their homes. These public networks are known for their lack of security and privacy, as traffic can be monitored by the hotspot operator or others on the network if proper encryption measures are not in place. Elsewhere, students without access to devices for remote learning have limited alternatives and are often forced to rely on Chromebooks and associated Google services. In response to this issue, Google provided free Chromebooks and mobile hotspots to students in need during the pandemic, aiming to address the digital divide. However, in 2024, New Mexico was reported to be suing Google for allegedly collecting children’s data through its educational products provided to the state's schools, claiming that it tracks students' activities on their personal devices outside of the classroom. It signified the problems in ensuring the privacy of lower-income students while accessing basic education.

Policy Recommendations

Digital literacy is one of the critical components in bridging the DPD. It enables individuals to gain skills, which in turn effectively addresses privacy violations. Studies show that low-income users remain less confident in their ability to manage their privacy settings as compared to high-income individuals. Thus, emphasis should be placed not only on educating on technology usage but also on privacy practices since it aims to improve people’s Internet skills and take informed control of their digital identities.

In the U.S., scholars have noted the role of libraries and librarians in safeguarding intellectual privacy. The Library Freedom Project, for example, has sought to ensure that the skills and knowledge required to ensure internet freedoms are available to all. The Project channelled one of the core values of the library profession i.e. intellectual freedom, literacy, equity of access to recorded knowledge and information, privacy and democracy. As a result, the Project successfully conducted workshops on internet privacy for the public and also openly objected to the Department of Homeland Security’s attempts to shut down the use of encryption technologies in libraries. The International Federation of Library Association adopted a Statement of Privacy in the Library Environment in 2015 that specified “when libraries and information services provide access to resources, services or technologies that may compromise users’ privacy, libraries should encourage users to be aware of the implications and provide guidance in data protection and privacy.” The above should be used as an indicative case study for setting up similar protocols in inclusive public institutions like Anganwadis, local libraries, skill development centres and non-government/non-profit organisations in India, where free education is disseminated. The workshops conducted must inculcate two critical aspects; firstly, enhancing the know-how of using public digital infrastructure and popular technologies (thereby de-alienating technology) and secondly, shifting the viewpoint of privacy as a right an individual has and not something that they own.

However, digital literacy should not be wholly relied on, since it shifts the responsibility of privacy protection to the individual, who may not either be aware or cannot be controlled. Data literacy also does not address the larger issue of data brokers, consumer profiling, surveillance etc. Resultantly, an obligation on companies to provide simplified privacy summaries, in addition to creating accessible, easy-to-use technical products and privacy tools,  should be necessitated. Most notable legislations address this problem by mandating notices and consent for collecting personal data of users, despite slow enforcement. However, the Digital Personal Data Protection Act 2023 in India aims to address DPD by not only mandating valid consent but also ensuring that privacy policies remain accessible in local languages, given the diversity of the population.

References

• https://idronline.org/article/inequality/indias-digital-divide-from-bad-to-worse/ 
• https://arxiv.org/pdf/2110.02669 
• https://arxiv.org/pdf/2201.07936#:~:text=The%20DPD%20index%20is%20a,(33%20years%20and%20over). 
• https://www.pewresearch.org/internet/2019/11/15/americans-and-privacy-concerned-confused-and-feeling-lack-of-control-over-their-personal-information/ 
• https://eprints.lse.ac.uk/67203/1/Internet%20freedom%20for%20all%20Public%20libraries%20have%20to%20get%20serious%20about%20tackling%20the%20digital%20privacy%20divi.pdf 
• /https://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=6265&context=law_lawreview 
• https://eprints.lse.ac.uk/67203/1/Internet%20freedom%20for%20all%20Public%20libraries%20have%20to%20get%20serious%20about%20tackling%20the%20digital%20privacy%20divi.pdf 
• https://bosniaca.nub.ba/index.php/bosniaca/article/view/488/pdf 
• https://www.hindustantimes.com/education/just-24-of-indian-households-have-internet-facility-to-access-e-education-unicef/story-a1g7DqjP6lJRSh6D6yLJjL.html 
• https://www.forbes.com/councils/forbestechcouncil/2021/05/05/the-pandemic-has-unmasked-the-digital-privacy-divide/ 
• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf 
• https://www.isc.meiji.ac.jp/~ethicj/Privacy%20protection%20in%20Japan.pdf 
• https://socialchangenyu.com/review/the-surveillance-gap-the-harms-of-extreme-privacy-and-data-marginalization/