Strengthening Online Child Safety: NCPCR Pushes for KYC Age Verification Mechanism
Introduction
India's National Commission for Protection of Child Rights (NCPCR) is set to approach the Ministry of Electronics and Information Technology (MeitY) to recommend mandating a KYC-based system for verifying children's age under the Digital Personal Data Protection (DPDP) Act. The decision to approach or send recommendations to MeitY was taken by NCPCR in a closed-door meeting held on August 13 with social media entities. In the meeting, NCPCR emphasised proposing a KYC-based age verification mechanism. In this background, Section 9 of the Digital Personal Data Protection Act, 2023 defines a child as someone below the age of 18, and Section 9 mandates that such children have to be verified and parental consent will be required before processing their personal data.
Requirement of Verifiable Consent Under Section 9 of DPDP Act
Regarding the processing of children's personal data, Section 9 of the DPDP Act, 2023, provides that for children below 18 years of age, consent from parents/legal guardians is required. The Data Fiduciary shall, before processing any personal data of a child or a person with a disability who has a lawful guardian, obtain verifiable consent from the parent or lawful guardian. Additionally, behavioural monitoring or targeted advertising directed at children is prohibited.
Ongoing debate on Method to obtain Verifiable Consent
Section 9 of the DPDP Act gives parents or lawful guardians more control over their children's data and privacy, and it empowers them to make decisions about how to manage their children's online activities/permissions. However, obtaining such verifiable consent from the parent or legal guardian presents a quandary. It was expected that the upcoming 'DPDP rules,' which have yet to be notified by the Central Government, would shed light on the procedure of obtaining such verifiable consent from a parent or lawful guardian.
However, In the meeting held on 18th July 2024, between MeitY and social media companies to discuss the upcoming Digital Personal Data Protection Rules (DPDP Rules), MeitY stated that it may not intend to prescribe a ‘specific mechanism’ for Data Fiduciaries to verify parental consent for minors using digital services. MeitY instead emphasised obligations put forth on the data fiduciary under section 8(4) of the DPDP Act to implement “appropriate technical and organisational measures” to ensure effective observance of the provisions contained under this act.
In a recent update, MeitY held a review meeting on DPDP rules, where they focused on a method for determining children's ages. It was reported that the ministry is making a few more revisions before releasing the guidelines for public input.
CyberPeace Policy Outlook
CyberPeace in its policy recommendations paper published last month, (available here) also advised obtaining verifiable parental consent through methods such as Government Issued ID, integration of parental consent at ‘entry points’ like app stores, obtaining consent through consent forms, or drawing attention from foreign laws such as California Privacy Law, COPPA, and developing child-friendly SIMs for enhanced child privacy.
CyberPeace in its policy paper also emphasised that when deciding the method to obtain verifiable consent, the respective platforms need to be aligned with the fact that verifiable age verification must be done without compromising user privacy. Balancing user privacy is a question of both technological capabilities and ethical considerations.
DPDP Act is a brand new framework for protecting digital personal data and also puts forth certain obligations on Data Fiduciaries and provides certain rights to Data Principal. With upcoming ‘DPDP Rules’ which are expected to be notified soon, will define the detailed procedure for the implementation of the provisions of the Act. MeitY is refining the DPDP rules before they come out for public consultation. The approach of NCPCR is aimed at ensuring child safety in this digital era. We hope that MeitY comes up with a sound mechanism for obtaining verifiable consent from parents/lawful guardians after taking due consideration to recommendations put forth by various stakeholders, expert organisations and concerned authorities such as NCPCR.
References
- https://www.moneycontrol.com/technology/dpdp-rules-ncpcr-to-recommend-meity-to-bring-in-kyc-based-age-verification-for-children-article-12801563.html
- https://pune.news/government/ncpcr-pushes-for-kyc-based-age-verification-in-digital-data-protection-a-new-era-for-child-safety-215989/#:~:text=During%20this%20meeting%2C%20NCPCR%20issued,consent%20before%20processing%20their%20data
- https://www.hindustantimes.com/india-news/ncpcr-likely-to-seek-clause-for-parents-consent-under-data-protection-rules-101724180521788.html
- https://www.drishtiias.com/daily-updates/daily-news-analysis/dpdp-act-2023-and-the-isssue-of-parental-consent
Related Blogs
Introduction
The Telecommunications Act of 2023 was passed by Parliament in December, receiving the President's assent and being published in the official Gazette on December 24, 2023. The act is divided into 11 chapters 62 sections and 3 schedules. Sections 1, 2, 10-30, 42-44, 46, 47, 50-58, 61 and 62 already took effect on June 26, 2024.
On July 04, 2024, the Centre issued a Gazetted Notification and sections 6-8, 48 and 59(b) were notified to be effective from July 05, 2024. The Act aims to amend and consolidate the laws related to telecommunication services, telecommunication networks, and spectrum assignment and it ‘repeals’ certain older colonial-era legislations like the Indian Telegraph Act 1885 and Indian Wireless Telegraph Act 1933. Due to the advancements in technology in the telecom sector, the new law is enacted.
On 18 July 2024 Thursday, the telecom minister while launching the theme of Indian Mobile Congress (IMC), announced that all rules and provisions of the new Telecom Act would be notified within the next 180 days, hence making the Act operational at full capacity.
Important definitions under Telecommunications Act, 2023
- Authorisation: Section 2(d) entails “authorisation” means a permission, by whatever name called, granted under this Act for— (i) providing telecommunication services; (ii) establishing, operating, maintaining or expanding telecommunication networks; or (iii) possessing radio equipment.
- Telecommunication: Section 2(p) entails “Telecommunication” means transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.
- Telecommunication Network: Section 2(s) entails “telecommunication network” means a system or series of systems of telecommunication equipment or infrastructure, including terrestrial or satellite networks or submarine networks, or a combination of such networks, used or intended to be used for providing telecommunication services, but does not include such telecommunication equipment as notified by the Central Government.
- Telecommunication Service: Section 2(t) entails “telecommunication service” means any service for telecommunication.
Measures for Cyber Security for the Telecommunication Network/Services
Section 22 of the Telecommunication Act, 2023 talks about the protection of telecommunication networks and telecommunication services. The section specifies that the centre may provide rules to ensure the cybersecurity of telecommunication networks and telecommunication services. Such measures may include the collection, analysis and dissemination of traffic data that is generated, transmitted, received or stored in telecommunication networks. ‘Traffic data’ can include any data generated, transmitted, received, or stored in telecommunication networks – such as type, duration, or time of a telecommunication.
Section 22 further empowers the central government to declare any telecommunication network, or part thereof, as Critical Telecommunication Infrastructure. It may further provide for standards, security practices, upgradation requirements and procedures to be implemented for such Critical Telecommunication Infrastructure.
CyberPeace Policy Wing Outlook:
The Telecommunication Act, 2023 marks a significant change & growth in the telecom sector by providing a robust regulatory framework, encouraging research and development, promoting infrastructure development, and measures for consumer protection. The Central Government is empowered to authorize individuals for (a) providing telecommunication services, (b) establishing, operating, maintaining, or expanding telecommunication networks, or (c) possessing radio equipment. Section 48 of the act provides no person shall possess or use any equipment that blocks telecommunication unless permitted by the Central Government.
The Central Government will protect users by implementing different measures, such as the requirement of prior consent of users for receiving particular messages, keeping a 'Do Not Disturb' register to stop unwanted messages, the mechanism to enable users to report any malware or specified messages received, the preparation and maintenance of “Do Not Disturb” register, to ensure that users do not receive specified messages or class of specified messages without prior consent. The authorized entity providing telecommunication services will also be required to create an online platform for users for their grievances pertaining to telecommunication services.
In certain limited circumstances such as national security measures, disaster management and public safety, the act contains provisions empowering the Government to take temporary possession of telecom services or networks from authorised entity; direct interception or disclosure of messages, with measures to be specified in rulemaking. This entails that the government gains additional controls in case of emergencies to ensure security and public order. However, this has to be balanced with appropriate measures protecting individual privacy rights and avoiding any unintended arbitrary actions.
Taking into account the cyber security in the telecommunication sector, the government is empowered under the act to introduce standards for cyber security for telecommunication services and telecommunication networks; and encryption and data processing in telecommunication.
The act also promotes the research and development and pilot projects under Digital Bharat Nidhi. The act also promotes the approach of digital by design by bringing online dispute resolution and other frameworks. Overall the approach of the government is noteworthy as they realise the need for updating the colonial era legislation considering the importance of technological advancements and keeping pace with the digital and technical revolution in the telecommunication sector.
References:
- The Telecommunications Act, 2023 https://acrobat.adobe.com/id/urn:aaid:sc:AP:88cb04ff-2cce-4663-ad41-88aafc81a416
- https://pib.gov.in/PressReleasePage.aspx?PRID=2031057
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2027941
- https://economictimes.indiatimes.com/industry/telecom/telecom-news/new-telecom-act-will-be-notified-in-180-days-bsnl-4g-rollout-is-monitored-on-a-daily-basis-scindia/articleshow/111851845.cms?from=mdr
- https://www.azbpartners.com/wp-content/uploads/2024/06/Update-Staggered-Enforcement-of-Telecommunications-Act-2023.pdf
- https://telecom.economictimes.indiatimes.com/blog/analysing-the-impact-of-telecommunications-act-2023-on-digital-india-mission/111828226
Executive Summary:
The viral image in the social media which depicts fake injuries on the face of the MP(Member of Parliament, Lok Sabha) Kangana Ranaut alleged to have been beaten by a CISF officer at the Chandigarh airport. The reverse search of the viral image taken back to 2006, was part of an anti-mosquito commercial and does not feature the MP, Kangana Ranaut. The findings contradict the claim that the photos are evidence of injuries resulting from the incident involving the MP, Kangana Ranaut. It is always important to verify the truthfulness of visual content before sharing it, to prevent misinformation.
Claims:
The images circulating on social media platforms claiming the injuries on the MP, Kangana Ranaut’s face were because of an assault incident by a female CISF officer at Chandigarh airport. This claim hinted that the photos are evidence of the physical quarrel and resulting injuries suffered by the MP, Kangana Ranaut.
Fact Check:
When we received the posts, we reverse-searched the image and found another photo that looked similar to the viral one. We could verify through the earring in the viral image with the new image.
The reverse image search revealed that the photo was originally uploaded in 2006 and is unrelated to the MP, Kangana Ranaut. It depicts a model in an advertisement for an anti-mosquito spray campaign.
We can validate this from the earrings in the photo after the comparison between the two photos.
Hence, we can confirm that the viral image of the injury mark of the MP, Kangana Ranaut has been debunked as fake and misleading, instead it has been cropped out from the original photo to misrepresent the context.
Conclusion:
Therefore, the viral photos on social media which claimed to be the results of injuries on the MP, Kangana Ranaut’s face after being assaulted allegedly by a CISF officer at the airport in Chandigarh were fake. Detailed analysis of the pictures provided the fact that the pictures have no connection with Ranaut; the picture was a 2006 anti-mosquito spray advertisement; therefore, the allegations that show these images as that of Ranaut’s injury are fake and misleading.
- Claim: photos circulating on social media claiming to show injuries on the MP, Kangana Ranaut's face following an assault incident by a female CISF officer at Chandigarh airport.
- Claimed on: X (Formerly known as Twitter), thread, Facebook
- Fact Check: Fake & Misleading
Introduction
The Department of Telecommunications (DoT) has launched the 'Digital Intelligence Platform (DIP)'and the 'Chakshu' facility on the Sanchar Saathi portal to combat cybercrimes and financial frauds. Union telecom, IT and railways minister Ashwini Vaishnaw announced the initiatives, stating that the government has been working to counter cyber frauds at national, organizational, and individual levels. The Sanchar Saathi portal has successfully tackled such attacks, and the two new portals will further enhance the capacity to check any kind of cyber security threat.
The Digital Intelligence Platform is a secure and integrated platform for real-time intelligence sharing, information exchange, and coordination among stakeholders, including telecom operators, law enforcement agencies, banks, financial institutions, social media platforms, and identity document issuing authorities. It also contains information regarding cases detected as misuse of telecom resources.
The 'Chakshu' facility allows citizens to report suspected fraud communication received over call, SMS, or WhatsApp with the intention of defrauding, such as KYC expiry, bank account/payment wallet/SIM/gas connection/electricity connection, sextortion, impersonations a government official/relative for sending money, and disconnection of all mobile numbers by the Department of Telecommunications.
The launch of these proactive initiatives or steps represents another significant stride by the Ministry of Communications and the Department of Telecommunications in combating cybersecurity threats to citizens' digital assets.
In this age of technology, there is a reason to be concerned about the threats posed by cybercrooks to individuals and organizations. The risk of using digital means for communication, e-commerce, and critical infrastructure has increased significantly. It is important to have proper measures in place to prevent cybercrime and destructive behavior. The Department of Telecommunication has unveiled "Chakshu," a digital intelligence portal aimed at combating cybercrimes. This platform seeks to enhance the country's cyber defense capabilities by providing enforcement agencies with effective tools and actionable intelligence for countering cybercrimes, including financial frauds.
Digital Intelligence Platform (DIP)
Digital Intelligence Platform (DIP) developed by the Department of Telecommunications is a secure and integrated platform for real-time intelligence sharing, information exchange and coordination among the stakeholders i.e. Telecom Service Providers(TSPs), law enforcement agencies (LEAs), banks and financial institutions(FIs), social media platforms, identity document issuing authorities etc. The portal also contains information regarding the cases detected as misuse of telecom resources. The shared information could be useful to the stakeholders in their respective domains. It also works as a backend repository for the citizen-initiated requests on the Sanchar Saathi portal for action by the stakeholders. The DIP is accessible to the stakeholders through secure connectivity, and the relevant information is shared based on their respective roles. However, the platform is not accessible to citizens.
What is Chakshu?
Chakshu, which means “eye” in Hindi, is a new feature on the Sanchar Saathi portal. This citizen-friendly platform allows you to report suspicious communication you receive via calls, SMS, or WhatsApp. “Chakshu” is a new advanced tool to safeguard against modern-day cybercriminal activities. Chakshu is a sophisticated design that uses the latest technologies for assembling and analyzing digital information and provides law enforcement agencies with useful data on what should be done next. Below are some of its attributes.
Here are some examples of what you can report:
- Fraudulent messages claiming your KYC (Know Your Customer)details need to be updated.
- Fraudulent requests to update your bank account, payment wallet, or SIM card details.
- Phishing attempts impersonating government officials or relatives asking for money.
- Fraudulent threats of disconnection of your sim connections.
How Chakshu Aims to crackdown Cybercrime and Financial Frauds
Chakshu is a new tool on the Sanchar Saathi platform that invites individuals to report suspected fraudulent communications received by phone, SMS, or WhatsApp. These fraudulent activities may include attempts to deceive individuals through schemes such as KYC expiry or update requests for bank accounts, payment wallets, SIM cards, gas connections, and electricity connections, sextortion, impersonation of government officials or relatives for financial gain, or false claims of mobile number disconnection by the Department of Telecommunications.
The tool is well-designed and equipped to help the investigators with actionable intelligence and insights, enabling LEAs to conduct targeted investigations on financial frauds and cyber-crimes; the tool helps in gathering a comprehensive data analysis and evidence collection capability by mapping out the connection between individuals, organizations and illicit activities, it, therefore, allows the law enforcement agencies in dismantling criminal activities and help the law enforcement agencies.
Chakshu’s Impact
India has launched Chakshu, a digital intelligence tool that strengthens the country's cybersecurity policy. Chakshu employs modern technology and real-time data analysis to enhance India's cyber defenses. Law enforcement can detect and neutralize possible threats by taking proactive approach to threat analysis and prevention before they become significant crises. Chakshu also improves the resilience of critical infrastructure and digital ecosystems, safeguarding them against cyber-attacks. Overall, Chakshu plays an important role in India's cybersecurity posture and the protection of national interests in the digital era.
Where can Chaksu be accessed?
Chakshu can be accessed through the government's Sanchar Saathi web portal:https://sancharsaathi.gov.in
Conclusion
The launch of the Digital Intelligence Platform and Chakshu facility is a step forward in safeguarding citizens from cybercrimes and financial fraud. These initiatives use advanced technology and stakeholder collaboration to empower law enforcement agencies. The Department of Telecommunications' proactive approach demonstrates the government's commitment to cybersecurity defenses and protecting digital assets, ensuring a safer digital environment for citizens and critical infrastructure.
References
- https://telecom.economictimes.indiatimes.com/news/policy/dot-launches-digital-intelligence-portal-chakshu-facility-to-curb-cybercrimes-financial-frauds/108220814
- https://bankingfrontiers.com/digital-intelligence-platform-launched-to-curb-cybercrime-financial-fraud/
- https://www.business-standard.com/india-news/calcutta-hc-justice-abhijit-gangopadhyay-sends-his-resignation-to-prez-cji-124030500367_1.html
- https://www.the420.in/dip-chakshu-government-launches-powerful-weapons-against-cybercrime/
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2011383
