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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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Introduction

Beginning with the premise that the advent of the internet has woven a rich but daunting digital web, intertwining the very fabric of technology with the variegated hues of human interaction, the EU has stepped in as the custodian of this ever-evolving tableau. It is within this sprawling network—a veritable digital Minotaur's labyrinth—that the European Union has launched a vigilant quest, seeking not merely to chart its enigmatic corridors but to instil a sense of order in its inherent chaos.

The Digital Services Act (DSA) is the EU's latest testament to this determined pilgrimage, a voyage to assert dominion over the nebulous realms of cyberspace. In its latest sagacious move, the EU has levelled its regulatory lance at the behemoths of digital indulgence—Pornhub, XVideos, and Stripchat—monarchs in the realm of adult entertainment, each commanding millions of devoted followers.

Applicability of DSA

Graced with the moniker of Very Large Online Platforms (VLOPs), these titans of titillation are now facing the complex weave of duties delineated by the DSA, a legislative leviathan whose coils envelop the shadowy expanses of the internet with an aim to safeguard its citizens from the snares and pitfalls ensconced within. Like a vigilant Minotaur, the European Commission, the EU's executive arm, stands steadfast, enforcing compliance with an unwavering gaze.

The DSA is more than a mere compilation of edicts; it encapsulates a deeper, more profound ethos—a clarion call announcing that the wild frontiers of the digital domain shall be tamed, transforming into enclaves where the sanctity of individual dignity and rights is zealously championed. The three corporations, singled out as the pioneers to be ensnared by the DSA's intricate net, are now beckoned to embark on an odyssey of transformation, realigning their operations with the EU's noble envisioning of a safeguarded internet ecosystem.

The Paradigm Shift

In a resolute succession, following its first decree addressing 19 Very Large Online Platforms and Search Engines, the Commission has now ensconced the trinity of adult content purveyors within the DSA's embrace. The act demands that these platforms establish intuitive user mechanisms for reporting illicit content, prioritize communications from entities bestowed with the 'trusted flaggers' title, and elucidate to users the rationale behind actions taken to restrict or remove content. Paramount to the DSA's ethos, they are also tasked with constructing internal mechanisms to address complaints, forthwith apprising law enforcement of content hinting at criminal infractions, and revising their operational underpinnings to ensure the confidentiality, integrity, and security of minors.

But the aspirations of the DSA stretch farther, encompassing a realm where platforms are agents against deception and manipulation of users, categorically eschewing targeted advertisement that exploits sensitive profiling data or is aimed at impressionable minors. The platforms must operate with an air of diligence and equitable objectivity, deftly applying their terms of use, and are compelled to reveal their content moderation practices through annual declarations of transparency.

The DSA bestows upon the designated VLOPs an even more intensive catalogue of obligations. Within a scant four months of their designation, Pornhub, XVideos, and Stripchat are mandated to implement measures that both empower and shield their users—especially the most vulnerable, minors—from harms that traverse their digital portals. Augmented content moderation measures are requisite, with critical risk analyses and mitigation strategies directed at halting the spread of unlawful content, such as child exploitation material or the non-consensual circulation of intimate imagery, as well as curbing the proliferation and repercussions of deepfake-generated pornography.

The New Rules

The DSA enshrines the preeminence of protecting minors, with a staunch requirement for VLOPs to contrive their services so as to anticipate and enfeeble any potential threats to the welfare of young internet navigators. They must enact operational measures to deter access to pornographic content by minors, including the utilization of robust age verification systems. The themes of transparency and accountability are amplified under the DSA's auspices, with VLOPs subject to external audits of their risk assessments and adherence to stipulations, the obligation to maintain accessible advertising repositories, and the provision of data access to rigorously vetted researchers.

Coordinated by the Commission in concert with the Member States' Digital Services Coordinators, vigilant supervision will be maintained to ensure the scrupulous compliance of Pornhub, Stripchat, and XVideos with the DSA's stringent directives. The Commission's services are poised to engage with the newly designated platforms diligently, affirming that initiatives aimed at shielding minors from pernicious content, as well as curbing the distribution of illegal content, are effectively addressed.

The EU's monumental crusade, distilled into the DSA, symbolises a pledge—a testament to its steadfast resolve to shepherd cyberspace, ensuring the Minotaur of regulation keeps the bedlam at a manageable compass and the sacrosanctity of the digital realm inviolate for all who meander through its infinite expanses. As we cast our gazes toward February 17, 2024—the cusp of the DSA's comprehensive application—it is palpable that this legislative milestone is not simply a set of guidelines; it stands as a bold, unflinching manifesto. It beckons the advent of a novel digital age, where every online platform, barring small and micro-enterprises, will be enshrined in the lofty ideals imparted by the DSA.

Conclusion

As we teeter on the edge of this nascent digital horizon, it becomes unequivocally clear: the European Union's Digital Services Act is more than a mundane policy—it is a pledge, a resolute statement of purpose, asserting that amid the vast, interwoven tapestry of the internet, each user's safety, dignity, and freedoms are enshrined and hold the intrinsic significance meriting the force of the EU's legislative guard. Although the labyrinth of the digital domain may be convoluted with complexity, guided by the DSA's insightful thread, the march toward a more secure, conscientious online sphere forges on—resolute, unerring, one deliberate stride at a time.

References

https://ec.europa.eu/commission/presscorner/detail/en/ip_23_6763https://www.breakingnews.ie/world/three-of-the-biggest-porn-sites-must-verify-ages-under-eus-new-digital-law-1566874.html

Introduction

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Online dating platforms have become a common way for individuals to connect in today’s digital age. For many in the LGBTQ+ community, especially in environments where offline meeting spaces are limited, these platforms offer a way to find companionship and support. However, alongside these opportunities come serious risks. Users are increasingly being targeted by cybercrimes such as blackmail, sextortion, identity theft, and online harassment. These incidents often go unreported due to stigma and concerns about privacy. The impact of such crimes can be both emotional and financial, highlighting the need for greater awareness and digital safety.

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Cybercrime On LGBTQ+ Dating Apps: A Threat Landscape

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According to the NCRB 2022 report, there has been a 24.4% increase in cybercrimes. But unfortunately, the queer community-specific data is not available.  Cybercrimes that target LGBTQ+ users in very organised and predatory. In several Indian cities, gangs actively monitor dating platforms to the point that potential victims, especially young queers and those who seem discreet about their identity, become targets. Once the contact is established, perpetrators use a standard operating process, building false trust, forcing private exchanges, and then gradually starting blackmail and financial exploitation. Many queer victims are blackmailed with threats of exposure to families or workplaces, often by fake police demanding bribes. Fear of stigma and insensitive policing discourages reporting. Cyber criminal gangs exploit these gaps on dating apps. Despite some arrests, under-reporting persists, and activists call for stronger platform safety.

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Types of Cyber Crimes against Queer Community on Dating Apps

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1. Romance scam or “Lonely hearts scam”: Scammers build trust with false stories (military, doctors, NGO workers) and quickly express strong romantic interest. They later request money, claiming emergencies. They often try to create multiple accounts to avoid profile bans. 
2. Sugar daddy scam: In this type of scam, the fraudster offers money or allowance in exchange for things like chatting, sending photos, or other interactions. They usually offer a specific amount and want to use some uncommon payment gateways. After telling you they will send you a lot of money, they often make up a story like: “My last sugar baby cheated me, so now you must first send me a small amount to prove you are trustworthy.” This is just a trick to make you send them money first.
3. Sextortion / Blackmail scam: Scammers record explicit chats or pretend to be underage, then threaten exposure unless you pay. Some target discreet users. Never send explicit content or pay blackmailers. 
4. Investment Scams: Scammers posing as traders or bankers convince victims to invest in fake opportunities. Some "flip" small amounts to build trust, then disappear with larger sums. Real investors won’t approach you on dating apps. Don’t share financial info or transfer money.
5. Pay-Before-You-Meet scam: Scammer demands upfront payment (gift cards, gas money, membership fees) before meeting, then vanishes. Never pay anyone before meeting in person.
6. Security app registration scam: Scammers ask you to register on fake "security apps" to steal your info, claiming it ensures your safety. Research apps before registering. Be wary of quick link requests.
7. The Verification code scam: Scammers trick you into giving them SMS verification codes, allowing them to hijack your accounts. Never share verification codes with anyone.
8. Third-party app links: Mass spam messages with suspicious links that steal info or infect devices. Don’t click suspicious links or “Google me” messages.
9. Support message scam: Messages pretending to be from application support, offering prizes or fake shows to lure you to malicious sites. 

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Platform Accountability & Challenges 

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The issue of online dating platforms in India is characterised by weak grievance redressal, poor takedown of abusive profiles, and limited moderation practices. Most platforms appoint grievance officers or offer an in-app complaint portal, but complaints are often unanswered or receive only automated and AI-generated responses. This highlights the gap between policy and enforcement on the ground.

Abusive or fake profiles, often used for scams, hate crimes, and outing LGBTQ+ individuals, remain active long after being reported. In India, organised extortion gangs have exploited such profiles to lure, assault, rob, and blackmail queer men. Moderation teams often struggle with backlogs and lack the resources needed to handle even the most serious complaints.

Despite offering privacy settings and restricting profile visibility, moderation practices in India are still weak, leaving large segments of users vulnerable to impersonation, catfishing, and fraud. The concept of pseudonymisation can help protect vulnerable communities, but it is difficult to distinguish authentic users from malicious actors without robust, privacy-respecting verification systems. 

Since many LGBTQ+ individuals prefer to maintain their confidentiality, while others are more vocal about their identities, in either case, the data shared by an individual with an online dating platform must be vigilantly protected. The Digital Personal Data Protection Act, 2023, mandates the protection of personal data. Section 8(4) provides: “A Data Fiduciary shall implement appropriate technical and organisational measures to ensure effective observance of the provisions of this Act and the rules made thereunder.” Accordingly, digital platforms collecting such data should adopt the necessary technical and organisational measures to comply with data protection laws.

Recommendations

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The Supreme Court has been proactive in this regard, through decisions like Navtej Singh Johar v. Union of India, which decriminalised same-sex relationships. Justice K.S. Puttaswamy (Retd.) v. Union of India and Ors., acknowledged the right to privacy as a fundamental right, and, most recently, the 2025 affirmation of the right to digital access. However, to protect LGBTQ+ people online, more robust legal frameworks are still required.

There is a requirement for a dedicated commission or an empowered LGBTQ+ cell. Like the National Commission for Women (NCW), which works to safeguard the rights of women, a similar commission would address community-specific issues, including cybercrime, privacy violations, and discrimination on digital platforms. It may serve as an institutional link between the victim, the digital platforms, the government, and the police. Dating Platforms must enhance their security features and grievance mechanisms to safeguard the users.

Best Practices

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Scammers use data sets and plans to target individuals seeking specific interests, such as love, sex, money, or association. Do not make financial transactions, such as signing up for third-party platforms or services. Scammers may attempt to create accounts for others, which can be used to access dating platforms and harm legitimate users. Users should be vigilant about sharing sensitive information, such as private images, contact information, or addresses, as scammers can use this information to threaten users. Stay smart, stay cyber safe. 

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References

1. https://www.hindustantimes.com/htcity/cinema/16yearold-queer-child-pranshu-dies-by-suicide-due-to-bullying-did-we-fail-as-a-society-mental-health-expert-opines-101701172202794.html#google_vignette
2. https://www.ijsr.net/archive/v11i6/SR22617213031.pdf
3. https://help.grindr.com/hc/en-us/articles/1500009328241-Scam-awareness-guide
4. http://meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf
5. https://mib.gov.in/sites/default/files/2024-02/IT%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20English.pdf

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