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Introduction:

CDR is a term that refers to Call detail records, The Telecom Industries holds the call details data of the users. As it amounts to a large amount of data, the telecom companies retain the data for a period of 6 months. CDR plays a significant role in investigations and cases in the courts. It can be used as pivotal evidence in court proceedings to prove or disprove certain facts & circumstances. Power of Interception of Call detail records is allowed for reasonable grounds and only by the authorized authority as per the laws. 

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Admissibility of CDR’s in Courts:

Call Details Records (CDRs) can be used as effective pieces of evidence to assist the court in ascertaining the facts of the particular case and inquiring about the commission of an offence, and according to the judicial pronouncements, it is made clear that CDRs can be used supporting or secondary evidence in the court. However, it cannot be the sole basis of the conviction. Section 92 of the Criminal Procedure Code 1973 provides procedure and empowers certain authorities to apply for court or competent authority intervention to seek the CDR. 

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Legal provisions to obtain CDR:

The CDR can be obtained under the statutory provisions of law contained in section 92 Criminal Procedure Code, 1973. Or under section 5(2) of Indian Telegraph Act 1885, read with rule 419(A) Indian Telegraph Amendment rule 2007. The guidelines were also issued in 2016 by Ministry of Ministry of Home Affairs for seeking Call details records (CDRs)

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How long is CDR stored with telecom Companies (Data Retention)

Call Data is retained by telecom companies for a period of 6 months. As the data amounts to high storage, almost several Petabytes per year, telecom companies store the call details data for a period of 6 months and archive the rest of it to tapes. 

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New Delhi 25Cr jewellery heist 

Recently, an incident took place where a 25-crore jewellery theft was carried out in a jewellery shop in Delhi, It was planned and executed by a man from Chhattisgarh. After committing the crime, the criminal went back to Chhattisgarh. It was a case of a 25Cr heist, and the police started their search & investigation. Police used technology and analysed the mobile numbers which were active at the crime scene. Delhi police used advanced software to analyse data. The police were able to trace the mobile number of thieves or suspects active at the crime scene. They discovered suspected contacts who were active within the range of the crime scene, and it helped in the arrest of the main suspects.  From around 5,000 mobile numbers active around the crime scene, police have used advanced software that analyses huge data, and then police found a number registered outside of Delhi.  The surveillance on the number has revealed that the suspected criminal has moved to the MP from Delhi, then moved further to Bhilai Chattisgarh. Police have successfully arrested the suspected criminal. This incident highlights how technology or call data can assist law enforcement agencies in investigating and finding the real culprits.

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Conclusion: 

CDR refers to call detail records retained by telecom companies for a period of 6 months, it can be obtained through lawful procedure and by competent authorities only. CDR can be helpful in cases before the court or law enforcement agencies, to assist the court and law enforcement agencies in ascertaining the facts of the case or to prove or disprove certain things. It is important to reiterated that unauthorized seeking of CDR is not allowed; the intervention of the court or competent authority is required to seek the CDR from the telecom companies. CDRs cannot be unauthorizedly obtained, and there has to be a directive from the court or competent authority to do so.

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References:

• https://indianlegalsystem.org/cdr-the-wonder-word/#:~:text=CDR%20is%20admissible%20as%20secondary,the%20Indian%20Evidence%20Act%2C%201872.
• https://timesofindia.indiatimes.com/city/delhi/needle-in-a-haystack-how-cops-scanned-5k-mobile-numbers-to-crack-rs-25cr-heist/articleshow/104055687.cms?from=mdr
• https://www.ndtv.com/delhi-news/just-one-man-planned-executed-rs-25-crore-delhi-heist-another-thief-did-him-in-4436494

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Data localisation refers to restrictions in the data flow by limiting the physical storage and processing of data within a given jurisdiction’s boundaries.  

An obvious benefit contributing to the importance of data localisation is the privacy benefits it offers. In addition to this, data localisation also has the potential to safeguard sensitive data and decrease the probability of cyber-attacks. In India, data localisation has become a key issue in the last decade due to the increase in the discourse for data privacy. 

The Legal Framework in India

India passed the Digital Personal Data Protection Act of 2023 which directs the data fiduciaries (collectors and processors of digital personal data) to store the data of Indian citizens within India. This push for data localisation aligns with India’s position to enhance privacy, national security and regulatory control. It further requires data fiduciaries to adhere to the principles of data minimisation, purposeful limitation and consent of the data principles. Further, Section 17 of the Act prohibits the transfer of sensitive personal data to foreign jurisdictions unless they meet satisfactory privacy protection standards. 

The Reserve Bank of India, via a circular for Payments Data Regulation in 2018, has mandated that all payment data be stored in India, though it can be processed abroad. It requires the telecom sector to ensure local storage and local processing of subscriber information. It further prohibits the transferring of subscribers’ account information overseas.

MeitY’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, emphasise data localisation, specifically when it involves government or critical data. The main idea behind this is that data related to Indian citizens or government activities should remain accessible to Indian law enforcement agencies and is not subject to external jurisdiction.

Common Misinformation about Data Localisation and its Impact

Misconceptions fuel misinformation and influence public perception and policy debates. A common misconception is that all data must be stored in India. It should be noted that non-critical and non-sensitive data are not subject to localisation, and can be cleared for cross-border transfers under specific circumstances.

Another misconception is that data localisation alone ensures complete security. A robust cybersecurity approach, infrastructure and capabilities are what guarantee security and this holds true regardless of the location of where the data is stored. 

The notion that small businesses and startups will suffer the most is untrue. While data localisation policies may lead to increased costs, they foster innovation in the domestic infrastructure and services. This potentially fuels development and innovation in these small businesses and startups. Claims that data localisation will stifle global business are unfounded. 

Proper regulations for data transfers can help balance data flows, enabling international trade while ensuring data sovereignty.

Real Impact of Data Localisation

Data localisation impacts several domains and has both positive and negative outcomes.

• It can be a driver for investment in local data centres and infrastructure, thereby inducing employment generation and boosting the domestic economy. And in contrast, the compliance costs may rise especially for MNCs that need to maintain multiple data storage systems. 
• It can expedite the growth of local technology ecosystems while encouraging innovation in cloud computing and data storage solutions. On the other hand, small businesses might face struggles to afford the required infrastructure updates and upgrades.
• Law enforcement agencies will be able to gain access to data more swiftly while avoiding lengthy processes such as the Mutual Legal Assistance Treaties (MLATs). However, it should be noted that storing data locally does not automatically ensure that they are immune from attacks and breaches.
• A balance between sovereignty and global partnerships is a challenge that emerges with data localisation. International Trade Relationships are vulnerable to data localisations where countries favour a free data flow. This can hamper foreign collaborations with companies that rely on global data systems.

CyberPeace Outlook

It is important to clear misinformation about data localisation, some strategies that can be undertaken are:

• Launching public awareness campaigns to educate the stakeholders about the real requirements and the benefits of data localisation. Misinformation about data restrictions and security guarantees should be tackled fairly quickly. 
• A balanced approach that promotes local economic development while at the same time allowing for the necessary cross-border data flows and creating a flexible and friendly business environment is important.
• India should work on international frameworks to streamline the process of data-sharing with other nations. This would protect national interests while making global cooperation easier.

Conclusion

Data localisation in India presents a valuable opportunity to enhance privacy, bolster national security, and stimulate economic growth through local infrastructure investment. Yet, addressing common misconceptions is crucial; the belief that all data must be stored domestically or that localisation alone ensures security is misleading. 

It’s vital to pair local data storage with robust cybersecurity measures and foster international cooperation. Supporting small businesses, which may face challenges due to localisation requirements, is equally important. By addressing misinformation, promoting flexible regulations, and working towards global data-sharing frameworks, India can effectively manage the complexities of data localisation, safeguarding national interests while encouraging innovation and economic development. 

References

• https://www.thehindu.com/sci-tech/technology/are-data-localisation-requirements-necessary-and-proportionate/article66131957.ece 
• https://carnegieendowment.org/research/2021/04/how-would-data-localization-benefit-india?lang=en
• https://www.rbi.org.in/commonperson/English/Scripts/FAQs.aspx?Id=2995
• https://www.meity.gov.in/writereaddata/files/Information%20Technology%20%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf 

Introduction

The nation got its first consolidated data protection regulation in the form of the Digital Personal Data Protection Act, 2023, in the month of August, and the Indian netizens got their independence in terms of data protection and privacy. The act lays heavy penalties for non-compliance with the provisions, and the same is under the jurisdiction of a Data Protection Board set up by the Central Government, which enjoys powers equivalent to a civil court. The act upholds the right to data privacy as the fundamental right under Article 19 (1)(A) and 21 of the Constitution of India. The same has been judicially supported in the form of the landmark judgement,  Jus. K.S Puttawamy vs. Union of India of 2018. Let us take a look at the impact the act will make on the Indian netizens. 

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What is Personal Data? 

Personal Data refers to any form of digitised data which can be directly replicated by any person. This includes email IDs, mobile numbers, health data, banking data, photos, etc. A person to whom the personal data belongs is called the Data Principle. A Data principle is anyone who is above the age of 18 years and consents to the data of children/minors. In the case of children/minors, it is mandatory for the parents or guardians to provide their express consent for the processing of personal data for all or any purposes. Any individual who is processing personal data is known as the Data Fiduciry, and individuals registered under the act may act as consent managers to make the consent transparent.  When it comes to the rights of the netizens, it is seen that the act is created with an aspect of  “Safety by Design” to secure the rights and responsibilities of the netizens. 

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Rights secured under the DPDP Act 2023

• Right to Grievance Redressal: The Data fiduciary and the consent manager are required to respond to the grievances of the Data Principal within a time period, which is soon to be prescribed, thus creating a blanket of responsibility for the data fiduciary and consent manager. 
• Right to Nominate: Data Principals have the right to nominate any other individual who shall, in the event of death or incapacity of the data principal, exercise his/her rights.  
• Right to access to information: The Data principal has the right to seek confirmation from Data fiduciaries regarding the processing of their personal data and the summary of the processed data as well. 
• Right to Erasure and Correction: Data principals can reach out to the data fiduciaries in order to exercise their right to correct, complete, update and erasure of their personal data.  
• Territorial Rights: The data is to be processed within India, and processing outside India should be in regard to the services provided in India. 
• Material Rights: The rights are applicable to any personal data collected in digitised form and also for the data collected in a non-digital form but subsequently digitised. 

Obligations for Data Fiduciaries 

The data fiduciaries are mandated to oblige with the following provisions in order to maintain compliance with the laws of the land and by securing the Digital rights of the netizens. 

These are the obligations of the data fiduciaries: 

• Implement technical and organisational measures to safeguard Personal Data. 
• Determine the legal grounds for processing and obtaining consent from Data principals where required. 
• Provide a privacy notice while obtaining consent from Data principals. 
• Implement a mechanism for data principals to exercise their rights.
• Implement a grievance redressal mechanism for handling the queries from Data principals. 
• Irrecoverably delete personal data after the purpose for which it was collected has expired or when the consent has been withdrawn. 
• Have a breach management policy to notify the data protection board and the data principals in accordance with prescribed timelines. 
• Sign a valid contract with Data processors to ensure key obligations are abided by them, including timely deletion of data. 

Conclusion 

As the world steps into the digital age, it is pertinent for the governments of the world to come up with efficient and effective legislation to protect cyber rights and responsibilities, but as cyberspace has no boundaries, nations need to work in synergy to protect their cyber interests and netizens. This can only begin once all nations have indigenous Cyber laws and rights to protect netizens, and the same has been addressed by the Indian Government in the form of the Digital Perosnl Data Protection Act, 2023. The future is full of emerging technologies and the evolution of cyber laws; hence, consolidating a basic legal structure now is of utmost importance and the same is expected to be strengthened in India by the soon-to-be-released Draft Digital India Bill.  

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