The appeal is to be heard by the TDSAT (telecommunication dispute settlement & appellate tribunal) regarding several changes under Digital personal data protection. The Changes should be a removal of the deemed consent, a change in appellate mechanism, No change in delegation legislation, and under data breach. And there are some following other changes in the bill, and the digital personal data protection bill 2023 will now provide a negative list of countries that cannot transfer the data.
New Version of the DPDP Bill
The Digital Personal Data Protection Bill has a new version. There are three major changes in the 2022 draft of the digital personal data protection bill. The changes are as follows: The new version proposes changes that there shall be no deemed consent under the bill and that the personal data processing should be for limited uses only. By giving the deemed consent, there shall be consent for the processing of data for any purposes. That is why there shall be no deemed consent.
In the interest of the sovereignty
The integrity of India and the National Security
For the issue of subsidies, benefits, services, certificates, licenses, permits, etc
To comply with any judgment or order under the law
To protect, assist, or provide service in a medical or health emergency, a disaster situation, or to maintain public order
In relation to an employee and his/her rights
The 2023 version now includes an appeals mechanism
It states that the Board will have the authority to issue directives for data breach remediation or mitigation, investigate data breaches and complaints, and levy financial penalties. It would be authorised to submit complaints to alternative dispute resolution, accept voluntary undertakings from data fiduciaries, and advise the government to prohibit a data fiduciary’s website, app, or other online presence if the terms of the law were regularly violated. The Telecom Disputes Settlement and Appellate Tribunal will hear any appeals.
The other change is in delegated legislation, as one of the criticisms of the 2022 version bill was that it gave the government extensive rule-making powers. The committee also raised the same concern with the ministry. The committed wants that the provisions that cannot be fully defined within the scope of the bill can be addressed.
The other major change raised in the new version bill is regarding the data breach; there will be no compensation for the data breach. This raises a significant concern for the victims, If the victims suffer a data breach and he approaches the relevant court or authority, he will not be awarded compensation for the loss he has suffered due to the data breach.
Need of changes under DPDP
There is a need for changes in digital personal data protection as we talk about the deemed consent so simply speaking, by ‘deeming’ consent for subsequent uses, your data may be used for purposes other than what it has been provided for and, as there is no provision for to be informed of this through mandatory notice, there may never even come to know about it.
Conclusion
The bill requires changes to meet the need of evolving digital landscape in the digital personal data protection 2022 draft. The removal of deemed consent will ultimately protect the data of the data principal. And the data of the data principal will be used or processed only for the purpose for which the consent is given. The change in the appellate mechanism is also crucial as it meets the requirements of addressing appeals. However, the no compensation for a data breach is derogatory to the interest of the victim who has suffered a data breach.
In an alarming event, one of India’s premier healthcare institutes, AIIMS Delhi, has fallen victim to a malicious cyberattack for the second time in the year. The Incident serves as a clear-cut reminder of the escalating threat landscape faced by the healthcare organisation in this digital age. In the attack, which unfolded with grave implications, the attackers not only explored the vulnerabilities present in the healthcare sector, but this also raised the concern about the security of patient data and the uninterrupted delivery of critical healthcare services. In this blog post, we will explore the incident, what happened, and what safety measures can be taken.
Backdrop
The cyber-security systems deployed in AIIMS, New Delhi, recently detected a malware attack. The nature and scope of the attack were both sophisticated and targeted. This second hack acts as a wake-up call for healthcare organisations nationwide. As the healthcare business increasingly depends on digital technology to improve patient care and operational efficiency, cybersecurity must be prioritised to protect sensitive data. To minimise cyber-attack dangers, healthcare organisations must invest in robust defences such as multi-factor authentication, network security, frequent system upgrades, and employee training.
The attempt was successfully prevented, and the deployed cyber-security systems neutralised the threat. The e-Hospital services remain to be fully secure and are functioning normally.
Impact on AIIMS
Healthcare services have been under hackers’ radar worldwide, and the healthcare sector has been impacted badly. The attack on AIIMS Delhi’s effects has been both immediate and far-reaching. The organisation, which is recognised for delivering excellent healthcare services and performing breakthrough medical research, faced significant interruptions in its everyday operations. Patient care and treatment processes were considerably impeded, resulting in delays, cancellations, and the inability to access essential medical documents. The stolen data raises serious concerns about patient privacy and confidentiality, raising doubts about the institution’s capacity to protect sensitive information. Furthermore, the financial ramifications of the assault, such as the cost of recovery, deploying more robust cybersecurity measures, and potential legal penalties and forensic analyses, contribute to the scale of the effect. The event has also generated public concerns about the institution’s ability to preserve personal information, undermining confidence and degrading AIIMS Delhi’s image.
Impact on Patients: The attacks not only impact the institutes but also have serious implications for the patients and here are some key highlights:
Healthcare Service Disruption: The hack has affected the seamless delivery of healthcare services at AIIMS Delhi. Appointments, surgeries, and other medical treatments may be delayed, cancelled, or rescheduled. This disturbance can result in longer wait times, longer treatment periods, and potential problems from delayed or interrupted therapy.
Patient Privacy and Confidentiality are jeopardised because of the breach of sensitive patient data. Medical data, test findings, and treatment plans may have been compromised. This breach may diminish patient faith in the institution’s capacity to safeguard their personal information, discouraging them from seeking care or submitting sensitive information in the future.
As a result of the cyberattack, patients may endure mental anguish and worry. Fear of possible exploitation of personal health information, confusion about the scope of the breach, and concerns about the security of their healthcare data can all have a negative impact on their mental health. This stress might aggravate pre-existing medical issues and impede total recovery.
Trust at stake: A data breach may harm patients’ faith and confidence in AIIMS Delhi and the healthcare system. Patients rely on healthcare facilities to keep their information secure and confidential while providing safe, high-quality care. A hack can doubt the institution’s ability to safeguard patient data, affecting patients’ overall faith in the organisation and potentially leading to patients seeking care elsewhere.
Cybersecurity Measures
To avoid future hacks and protect patient data, AIIMS Delhi must prioritize enhancing its cybersecurity procedures. The institution can strengthen its resistance to changing threats by establishing strong security practices. The following steps can be considered.
Using Multi-factor Authentication: By forcing users to submit several forms of identity to access systems and data, multi-factor authentication offers an extra layer of protection. AIIMS Delhi may considerably lower the danger of unauthorised access by applying this precaution, even in the case of leaked passwords or credentials. Biometrics and one-time passwords, for example, should be integrated into the institution’s authentication systems.
Improving Network Security and Firewalls: AIIMS Delhi should improve network security by implementing strong firewalls, intrusion detection and prevention systems, and network segmentation. These techniques serve to construct barriers between internal systems and external threats, reducing attackers’ lateral movement within the network. Regular network traffic monitoring and analysis can assist in recognising and mitigating any security breaches.
Risk Assessment: Regular penetration testing and vulnerability assessments are required to uncover possible flaws and vulnerabilities in AIIMS Delhi’s systems and infrastructure. Security professionals can detect vulnerabilities and offer remedial solutions by carrying out controlled simulated assaults. This proactive strategy assists in identifying and addressing any security flaws before attackers exploit them.
Educating and training Healthcare Professionals: Education and training have a crucial role in enhancing cybersecurity practices in healthcare facilities. Healthcare workers, including physicians, nurses, administrators, and support staff, must be well-informed about the importance of cybersecurity and trained in risk-mitigation best practices. This will empower healthcare professionals to actively contribute to protecting the patient’s data and maintaining the trust and confidence of patients.
Learnings from Incidents
AIIMS Delhi should embrace cyber-attacks as learning opportunities to strengthen its security posture. Following each event, a detailed post-incident study should be performed to identify areas for improvement, update security policies and procedures, and improve employee training programs. This iterative strategy contributes to the institution’s overall resilience and preparation for future cyber-attacks. AIIMS Delhi can effectively respond to cyber incidents, minimise the impact on operations, and protect patient data by establishing an effective incident response and recovery plan, implementing data backup and recovery mechanisms, conducting forensic analysis, and promoting open communication. Proactive measures, constant review, and regular revisions to incident response plans are critical for staying ahead of developing cyber threats and ensuring the institution’s resilience in the face of potential future assaults.
Conclusion
To summarise, developing robust healthcare systems in the digital era is a key challenge that healthcare organisations must prioritise. Healthcare organisations can secure patient data, assure the continuation of key services, and maintain patients’ trust and confidence by adopting comprehensive cybersecurity measures, building incident response plans, training healthcare personnel, and cultivating a security culture. Adopting a proactive and holistic strategy for cybersecurity is critical to developing a healthcare system capable of withstanding and successfully responding to digital-age problems.
In the digital landscape, there is a rapid advancement of technologies such as generative AI(Artificial Intelligence), deepfake, machine learning, etc. Such technologies offer convenience to users in performing several tasks and are capable of assisting individuals and business entities. Certain regulatory mechanisms are also established for the ethical and reasonable use of such advanced technologies. However, these technologies are easily accessible; hence, cyber-criminals leverage AI tools and technologies for malicious activities or for committing various cyber frauds. By such misuse of advanced technologies, new cyber threats have emerged.
Deepfake Scams
Deepfake is an AI-based technology. Deepfake is capable of creating realistic images or videos which in actuality are created by machine algorithms. Deepfake technology, since easily accessible, is misused by fraudsters to commit various cyber crimes or deceive and scam people through fake images or videos that look realistic. By using the Deepfake technology, cybercriminals manipulate audio and video content, which looks very realistic but, in actuality, is fake.
Voice cloning
To create a voice clone of anyone's, audio can be deepfaked too, which closely resembles a real one but, in actuality, is a fake voice created through deepfake technology. Recently, in Kerala, a man fell victim to an AI-based video call on WhatsApp. He received a video call from a person claiming to be his former colleague. The scammer, using AI deepfake technology, impersonated the face of his former colleague and asked for financial help of 40,000.
Uttarakhand Police issues warning admitting the rising trend of AI-based scams
Recently, Uttarakhand police’s Special Task Force (STF) has issued a warning admitting the widespread of AI technology-based scams such as deepfake or voice cloning scams targeting innocent people. Police expressed concern that several incidents have been reported where innocent people are lured by cybercriminals. Cybercriminals exploit advanced technologies and manipulate innocent people to believe that they are talking to their close ones or friends, but in actuality, they are fake voice clones or deepfake video calls. In this way, cybercriminals ask for immediate financial help, which ultimately leads to financial losses for victims of such scams.
Tamil Nadu Police Issues advisory on deepfake scams
To deceive people, cyber criminals misuse deepfake technologies and target them for financial gain. Recently, Tamilnadu Police Cyberwing have issued an advisory on rising deepfake scams. Fraudsters are creating highly convincing images, videos or voice clones to defraud innocent people and make them victims of financial fraud. The advisory states that you limit the personal data you share you share online and adjust privacy settings. Advisory says to promptly report any suspicious activity or cyber crimes to 1930 or the National Cyber Crime Reporting portal.
Best practices
Pay attention if you notice compromised video quality because deepfake videos often have compromised or poor video quality and unusual blur resolution, which poses a question to its genuineness. Deepfake videos often loop or unusually freeze, which indicates that the video content might be fabricated.
Whenever you receive requests for any immediate financial help, act responsively and verify the situation by directly contacting the person on his primary contact number.
You need to be vigilant and cautious, since scammers often possess a sense of urgency, leading to giving no time for the victim to think about it and deceiving them by making a quick decision. Scammers pose sudden emergencies and demand financial support on an urgent basis.
Be aware of the recent scams and follow the best practices to stay protected from rising cyber frauds.
Verify the identity of unknown callers.
Utilise privacy settings on your social media.
Pay attention if you notice any suspicious nature, and avoid sharing voice notes with unknown users because scammers might use them as voice samples and create your voice clone.
If you fall victim to such frauds, one powerful resource available is the National Cyber Crime Reporting Portal (www.cybercrime.gov.in) and the 1930 toll-free helpline number where you can report cyber fraud, including any financial crimes.
Conclusion
AI-powered technologies are leveraged by cybercriminals to commit cyber crimes such as deepfake scams, voice clone scams, etc. Where innocent people are lured by scammers. Hence there is a need for awareness and caution among the people. We should be vigilant and aware of the growing incidents of AI-based cyber scams. Must follow the best practices to stay protected.
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.
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.
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)
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.
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.
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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