Centre Proposes New Bills for Criminal Law
Introduction
Criminal justice in India is majorly governed by three laws which are – Indian Penal Code, Criminal Procedure Code and Indian Evidence Act. The centre, on 11th August 2023’ Friday, proposes a new bill in parliament Friday, which is replacing the country’s major criminal laws, i.e. Indian Penal Code, Criminal Procedure Code and Indian Evidence Act.
The following three bills are being proposed to replace major criminal laws in the country:
- The Bharatiya Nyaya Sanhita Bill, 2023 to replace Indian Penal Code 1860.
- The Bharatiya Nagrik Suraksha Sanhita Bill, 2023, to replace The Code Of Criminal Procedure, 1973.
- The Bharatiya Sakshya Bill, 2023, to replace The Indian Evidence Act 1872.
Cyber law-oriented view of the new shift in criminal lawNotable changes:Bharatiya Nyaya Sanhita Bill, 2023 Indian Penal Code 1860.
Way ahead for digitalisation
The new laws aim to enhance the utilisation of digital services in court systems, it facilitates online registration of FIR, Online filing of the charge sheet, serving summons in electronic mode, trial and proceedings in electronic mode etc. The new bills also allow the virtual appearance of witnesses, accused, experts, and victims in some instances. This shift will lead to the adoption of technology in courts and all courts to be computerised in the upcoming time.
Enhanced recognition of electronic records
With the change in lifestyle in terms of the digital sphere, significance is given to recognising electronic records as equal to paper records.
Conclusion
The criminal laws of the country play a significant role in establishing law & order and providing justice. The criminal laws of India were the old laws existing under British rule. There have been several amendments to criminal laws to deal with the growing crimes and new aspects. However, there was a need for well-established criminal laws which are in accordance with the present era. The step of the legislature by centralising all criminal laws in their new form and introducing three bills is a good approach which will ultimately strengthen the criminal justice system in India, and it will also facilitate the use of technology in the court system.
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Introduction
The information of hundreds of thousands of Indians who received the COVID vaccine was Leaked in a significant data breach and posted on a Telegram channel. Numerous reports claim that sensitive information, including a person’s phone number, gender, ID card details, and date of birth, leaked over Telegram. It could be obtained by typing a person’s name into a Telegram bot.
What really happened?
The records pertaining to the mobile number registered in the CoWin portal are accessible on the Malayalam news website channel. It is also feasible to determine which vaccination was given and where it was given.
According to The Report, the list of individuals whose data was exposed includes BJP Tamil Nadu president K Annamalai, Congress MP Karti Chidambaram, and former BJP union minister for health Harsh Vardhan. Telangana’s minister of information and communication technology, Kalvakuntla Taraka Rama Rao, is also on the list.
MEITY stated in response to the data leak, “It is old data, we are still confirming it. We have requested a report on the matter.
After the media Report, the bot was disabled, but experts said the incident raised severe issues because the information might be used for identity theft, phishing emails, con games, and extortion calls. The Indian Computer Emergency Response Team (CERT-In), the government’s nodal body, has opened an investigation into the situation
The central government declared the data breach reports regarding the repository of beneficiaries against Covid to be “mischievous in nature” on Monday and claimed the ‘bot’ that purportedly accessed the confidential data was not directly accessing the CoWIN database.
According to the first complaint by CERT-In, the government’s cybersecurity division, the government claimed the bot might be displaying information from “previously stolen data.” Reports.
The health ministry refuted the claim, asserting that no bots could access the information without first verifying with a one-time password.
“It is made clear that all of these rumours are false and malicious. The health ministry’s CoWIN interface is entirely secure and has sufficient data privacy protections. The security of the data on the CoWIN portal is being ensured in every way possible, according to a statement from the health ministry.
Meity said the CoWin program or database was not directly compromised, and the shared information appeared to be taken from a previous intrusion. But the hack again highlights the growing danger of cyber assaults, particularly on official websites.

Recent cases of data leak
Dominos India 2021– Dominos India, a division of Jubilant FoodWorks, faced a cyberattack on May 22, 2021, which led to the disclosure of information from 180 million orders. The breach exposed order information, email addresses, phone numbers, and credit card information. Although Jubilant FoodWorks acknowledged a security breach, it refuted any illegal access to financial data.
Air India – A cyberattack that affected Air India in May 2021 exposed the personal information of about 4.5 million customers globally. Personal information recorded between August 26, 2011, and February 3, 2021, including names, dates of birth, contact information, passport information, ticket details, frequent flyer information from Star Alliance and Air India, and credit card information, were exposed in the breach.
Bigbasket – BigBasket, an online supermarket, had a data breach in November 2020, compromising the personal information of approximately 20 million consumers. Email IDs, password hashes, PINs, phone numbers, addresses, dates of birth, localities, and IP addresses were among the information released from an insecure database containing over 15 GB of customer data. BigBasket admitted to the incident and reported it to the Bengaluru Cyber Crime Department.
Unacademy – Unacademy, an online learning platform, experienced a data breach in May 2020, compromising the email addresses of approximately 11 million subscribers. While no sensitive information, such as financial data or passwords, was compromised, user data, including IDs, passwords, date joined, last login date, email IDs, names, and user credentials, was. The breach was detected when user accounts were uncovered for sale on the dark web.
2022 Card Data- Cybersecurity researchers from AI-driven Singapore-based CloudSEK found a threat actor offering a database of 1.2 million cards for free on a Dark Web forum for crimes on October 12, 2022. This came after a second problem involving 7.9 million cardholder records that were reported on the BidenCash website. This comprised information pertaining to State Bank of India (SBI) clients. And other well-known companies were among those targeted in high-profile data breach cases that have surfaced in recent years.

Conclusion
Data breach cases are increasing daily, and attackers are mainly attacking the healthcare sectors and health details as they can easily find personal details. This recent CoWIN case has compromised thousands of people’s data. The All-India Institute of Medical Sciences’ systems were compromised by hackers a few months ago. Over 95% of adults have had their vaccinations, according to the most recent data, even if the precise number of persons impacted by the CoWin privacy breach could not be determined.

Introduction
To combat the problem of annoying calls and SMS, telecom regulator TRAI has urged service providers to create a uniform digital platform in two months that will allow them to request, maintain, and withdraw customers’ approval for promotional calls and messages. In the initial stage, only subscribers will be able to initiate the process of registering their consent to receive promotional calls and SMS, and later, business entities will be able to contact customers to seek their consent to receive promotional messages, according to a statement issued by the Telecom Regulatory Authority of India (TRAI) on Saturday.
TRAI Directs Telecom Providers to Set Up Digital Platform
TRAI has now directed all access providers to develop and deploy the Digital Consent Acquisition (DCA) facility for creating a unified platform and process to digitally register customers’ consent across all service providers and principal entities. Consent is received and maintained under the current system by several key entities such as banks, other financial institutions, insurance firms, trading companies, business entities, real estate businesses, and so on.
The purpose, scope of consent, and the principal entity or brand name shall be clearly mentioned in the consent-seeking message sent over the short code,” according to the statement.
It stated that only approved online or app links, call-back numbers, and so on will be permitted to be used in consent-seeking communications.
TRAI issued guidelines to guarantee that all voice-based Telemarketers are brought under a single Distributed ledger technology (DLT) platform for more efficient monitoring of nuisance calls and unwanted communications. It also instructs operators to actively deploy AI/ML-based anti-phishing systems as well as to integrate tech solutions on the DLT platform to deal with malicious calls and texts.
TRAI has issued two separate Directions to Access Service Providers under TCCCPR-2018 (Telecom Commercial Communications Customer Preference Regulations) to ensure that all promotional messages are sent through Registered Telemarketers (RTMs) using approved Headers and Message Templates on Distributed Ledger Technologies (DLT) platform, and to stop misuse of Headers and Message Templates,” the regulator said in a statement.
Users can already block telemarketing calls and texts by texting 1909 from their registered mobile number. By dialing 1909, customers can opt out of getting advertising calls by activating the do not disturb (DND) feature.

Telecom providers operate DLT platforms, and businesses involved in sending bulk promotional or transactional SMS must register by providing their company information, including sender IDs and SMS templates.
According to the instructions, telecom companies will send consent-seeking messages using the common short code 127. The goal, extent of consent, and primary entity/brand name must be clearly stated in the consent-seeking message delivered via the shortcode.
TRAI stated that only whitelisted URLs/APKs (Android package kits file format)/OTT links/call back numbers, etc., shall be used in consent-seeking messages.
Telcos must “ensure that promotional messages are not transmitted by unregistered telemarketers or telemarketers using telephone numbers (10 digits numbers).” Telecom providers have been urged to act against all erring telemarketers in accordance with the applicable regulations and legal requirements.
Users can, however, refuse to receive any consent-seeking messages launched by any significant Telcos have been urged to create an SMS/IVR (interactive voice response)/online service for this purpose.
According to TRAI’s timeline, the consent-taking process by primary companies will begin on September 1.According to a nationwide survey conducted by a local circle, 66% of mobile users continue to receive three or more bothersome calls per day, the majority of which originate from personal cell numbers.
There are scams surfacing on the internet with new types of scams, like WhatsApp international call scams. The latest scam is targeting Delhi police, the scammers pretend to be police officials of Delhi and ask for the personal details of the users and the calling them from a 9-digit number.
A recent scam
A Twitter user reported receiving an automated call from +91 96681 9555, stating, “This call is from Delhi Police.” It went on to ask her to stay in the queue since some of her documents needed to be picked up. Then he said he is a sub-inspector at New Delhi’s Kirti Nagar police station. He then questioned if she had lately misplaced her Aadhaar card, PAN card, or ATM card, to which she replied ‘no’. The fraudster then claims to be a cop and asks her to validate the final four digits of her card because they have discovered a card with her name on it. And so many other people tweeted about this.
The scams are constantly increasing as earlier these scammers asked for account details and claimed to be Delhi police and used 9-digit numbers for scamming people.
TRAI’s new guidelines regarding the consent to receive any promotional calls and messages to telecommunication providers will be able to curb the scams.
The e- KYC is an essential requirement as e-KYC offers a more secure identity verification process in an increasingly digital age that uses biometric technologies to provide quick results.

Conclusion
The aim is to prevent unwanted calls and communications sent to customers via digital methods without their permission. Once this platform is implemented, an organization can only send promotional calls or messages with the customer’s explicit approval. Companies use a variety of methods to notify clients about their products, including phone calls, text messages, emails, and social media. Customers, however, are constantly assaulted with the same calls and messages as a result of this practice. With the constant increase in scams, the new guideline of TRAI will also curb the calling of Scams. digital KYC prevents SIM fraud and offers a more secure identity verification method.

Introduction
The hospitality industry is noted to be one of the industries most influenced by technology. Hotels, restaurants, and travel services are increasingly reliant on digital technologies to automate core operations and customer interactions. The shift to electronic modes of conducting business has made the industry a popular target for cyber threats. In light of increasing cyber threats, safeguarding personal and sensitive personal data on the part of the hospitality industry becomes significant not only from a customer standpoint but also from an organisational and legal perspective.
Role of cybersecurity in the hospitality industry
A hospitality industry-based entity (“HI entity”) deploys several technologies not only to automate operations but to also deliver excellent customer experiences. Technologies such as IoTs that enable smart controls in rooms, Point-of-Sale systems that manage reservations, Call Accounting Systems that track and record customer calls, keyless entry systems, and mobile apps that facilitate easy booking and service requests are popularly used in addition to operative technologies such as Property Management Systems, Hotel Accounting Systems, Local Area Networks (LAN).{1} These technologies collect vast volumes of data daily due to the nature of operations. Such data necessarily includes personal information such as names, addresses, phone numbers, email IDs etc. and sensitive information such as gender, bank account and payment details, health information pertaining to food allergens etc. Resultantly, the breach and loss of such critical data impacts customer trust and loyalty and in turn, their retention within the business. Lack of adequate cybersecurity measures also impacts the reputation and goodwill of an HI entity since customers are more likely to opt for establishments that prioritise the protection of their data. In 2022, cybercriminals syphoned 20GB of internal documents and customer data from Marriott Hotels, which included credit card information and staff information such as wage data, corporate card number and even a personnel assessment file. A much larger breach was seen in 2018, where 383 million booking records and 5.3 million unencrypted passport numbers were stolen from Marriott’s servers.{2}
Cybersecurity is also central to safeguarding trade secrets and key confidential trade information. An estimate of US $6 trillion per year on average amounts to losses generated from cybercrimes.{3} The figure, however, does not include the cost of breach, expenses related to incident response, legal fees, regulatory fines etc which may be significantly higher for a HI entity when loss of potential profits is factored in.
Cybersecurity is also central from a legal standpoint. Legal provisions in various jurisdictions mandate the protection of guest data. In India, the Digital Personal Data Protection Act 2023, imposes a penalty of up to Rs. 50 Crores on a breach in observing obligations to take reasonable security safeguards to prevent personal data breach.{4} Similarly, the General Data Protection Regulation (GDPR) of the European Union also has guidelines for protecting personal data. Several other industry-specific rules, such as those pertaining to consumer protection, may also be applicable.
Breaches and Mitigation
There are several kinds of cyber security threats faced by an HI entity. “Fake Booking” is a popular method of cyber attack, whereby attackers build and design a website that is modelled exactly after the hotel’s legitimate website. Many customers end up using such malicious phishing websites thereby exposing their personal and sensitive personal data to threats. Additionally, the provision of free wifi within hotel premises, usually accessible freely to the public, implies that a malicious actor may introduce viruses and updates bearing malware. Other common cyber threats include denial of service (DoS) attacks, supply chain attacks, ransomware threats, SQL injection attacks (a type of attack where malicious code is inserted into a database to manipulate data and gain access to information), buffer overflow or buffer overrun (when the amount of data exceeds its storage capacity, implying that the excess data overflows into other memory locations and corrupt or overwrites data in those locations).
One of the best ways to manage data breaches is to leverage newer technologies that operate on a “privacy by design” model. An HI entity must deploy web application firewalls (WAF) that differ from regular firewalls since they can filter the content of specific web applications and prevent cyber attacks. Another method to safeguard data is by deploying a digital certificate which binds a message/instruction to the owner/generator of the message. This is useful in preventing any false claims fraud by customers. Digital certificates may be deployed on distributed ledger technologies such as blockchain, that are noted for their immutability, transparency and security. Self-sovereign identities or Identifiers (SSI) are also a security use-concept of blockchain whereby individuals own and control their personal data, thereby eliminating reliance on central authorities.{5} In the hospitality industry, SSIs enhance cybersecurity by securely storing identity-related information on a decentralised network, thereby reducing the risk of data breaches. Users can selectively share their information, ensuring privacy and minimising data exposure. This approach not only protects guests' personal details but also streamlines authentication processes, making interactions safer and more efficient.
From a less technical standpoint, cybersecurity insurance may be opted for by a hotel to secure themselves and customer information against breach. Through such insurance, a hotel may cover the liability that arises from breaches caused by both first- and third-party actions.{6} Additionally, Payment Cards Industry Data Security Standards should be adhered to, since these standards ensure that businesses should apply best practices when processing credit card data through optimised security. Employee training and upskilling in basic, practical cybersecurity measures and good practices is also a critical component of a comprehensive cybersecurity strategy.
References:
- [1] The Growing Importance of Cybersecurity in the Hospitality Industry”, Alfatec, 11 September 2023 https://www.alfatec.ai/academy/resource-library/the-growing-importance-of-cybersecurity-in-the-hospitality-industry
- [2] Vigliarolo, Brandon, “Marriott Hotels admit to third data breach in 4 years”, 6 July 2022 https://www.theregister.com/2022/07/06/marriott_hotels_suffer_yet_another/#:~:text=In%20the%20case%20of%20the,of%20an%20individual%20organization%20ever.
- [3] Shabani, Neda & Munir, Arslan. (2020). A Review of Cyber Security Issues in the Hospitality Industry. 10.1007/978-3-030-52243-8_35. https://www.researchgate.net/publication/342683038_A_Review_of_Cyber_Security_Issues_in_Hospitality_Industry/citation/download
- [4] The Digital Personal Data Protection Act 2023 https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
- [5] “What is self-sovereign identity?”, Sovrin, 6 December 2018 https://sovrin.org/faq/what-is-self-sovereign-identity/
- [6] Yasar, Kinza, “Cyber Insurance”, Tech Target https://www.techtarget.com/searchsecurity/definition/cybersecurity-insurance-cybersecurity-liability-insurance