DPDP 2023 - A Netizen’s Perspective
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.
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.
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.
Related Blogs
What is Juice Jacking?
We all use different devices during the day, but they converge to a common point when the battery runs out, the cables and adaptors we use to charge the devices are daily necessities for everyone. These cables and adaptors have access to the only port in the phones and hence are used for juice-jacking attacks. Juice jacking is when someone installs malware or spyware software in your device using an unknown charging port or cable.
How does juice jacking work?
We all use phones and gadgets, like I-phones, smartphones, Android devices: and smartwatches, to simplify our lives. But one thing common in it is the charging cables or USB ports, as the data and power supply pass through the same port/cable.
This is potentially a problem with devastating consequences. When your phone connects to another device, it pairs with it (ports/cables) and establishes a trusted relationship. That means the devices can exchange data. During the charging process, the USB cord opens a path into your device that a cybercriminal can exploit.
There is a default setting in the phones where data transfer is disabled, and the connections which provide the power are visible at the end. For example, in the latest models, when you plug your device into a new port or a computer, a question is pooped asking whether the device is trusted. The device owner cannot see what the USB port connects to in case of juice jacking. So, if you plug in your phone and someone checks on the other end, they may be able to transfer data between your device and theirs, thus leading to a data breach.
A leading airline was recently hacked into, which caused delayed flights across the country. When investigated, it was found that malware was planted in the system by using a USB port, which allowed the hackers access to critical data to launch their malware attack.
FBI’s Advisory
Federal Bureau of Investigation and other Interpol agencies have been very critical of cybercriminals. Inter-agency cooperation has improved the pace of investigation and chances of apprehending criminals. In a tweet by the FBI, the issue of Juice Jakcking was addressed, and public places like airports, railways stations, shopping malls etc., are pinpointed places where such attacks have been seen and reported. These places offer easy access to charging points for various devices, which are the main targets for bad actors. The FBI advises people not to use the charging points and cables at airports, railways stations and hotels and also lays emphasis upon the importance of carrying your own cable and charger.
Tips to protect yourself from juice jacking
There are a few simple and effective tips to keep your smart devices smart, such as –
- Avoid using public charging stations: The best way to protect yourself and your devices is to avoid public charging stations it’s always a good habit to charge your phones in your car, at home, and in offices when not in use.
- Using a wall outlet is a safer option: If it’s too urgent for you to use a public station, try to use wall outlets rather than poles because data can’t get easily transferred.
- Use other methods/modes of charging: If you are travelling, carrying a power bank is always safe, as it is easy to carry.
- Software security: – It’s always advised to update your phone’s software regularly. Once connected to the charging station, lock your device. This will prevent it from syncing or transferring data.
- Enable Airplane mode while charging: If you need to charge your phone from an unknown source in a public area, it is advisable to put the phone on airplane mode or switch it off to prevent anyone from gaining access to your device through any open network.
However, many mobile phones (including iPhones) turn on automatically when connected to power. As a result, your mileage may vary. This is an effective safeguard if your phone does not turn on automatically when connected to power.
Conclusion
As of present, juice-jacking attacks are less frequent. While not the most common type of attack today, the number of occurrences is expected to rise as smartphone gadget usage and penetration are rising across the globe. Our cyber safety and security are in our hands, and hence protecting them is our paramount digital duty. Always remember we see no harm in charging ports, but that doesn’t mean that the possibility of a threat can be ruled out completely. With the increased use of ports for charging, earphones, and data transfer, such crimes will continue and evolve with time. Thus, it is essential to counter these attacks by sharing knowledge and awareness of such crimes and reporting them to competent authorities to eradicate the menace of cybercriminals from our digital ecosystem.
Executive Summary:
A video clip being circulated on social media allegedly shows the Hon’ble President of India, Smt. Droupadi Murmu, the TV anchor Anjana Om Kashyap and the Hon’ble Chief Minister of Uttar Pradesh, Shri Yogi Adityanath promoting a medicine for diabetes. While The CyberPeace Research Team did a thorough investigation, the claim was found to be not true. The video was digitally edited, with original footage of the heavy weight persons being altered to falsely suggest their endorsement of the medication. Specific discrepancies were found in the lip movements and context of the clips which indicated AI Manipulation. Additionally, the distinguished persons featured in the video were actually discussing unrelated topics in their original footage. Therefore, the claim that the video shows endorsements of a diabetes drug by such heavy weights is debunked. The conclusion drawn from the analysis is that the video is an AI creation and does not reflect any genuine promotion. Furthermore, it's also detected by AI voice detection tools.
Claims:
A video making the rounds on social media purporting to show the Hon'ble President of India, Smt. Draupadi Murmu, TV anchor Anjana Om Kashyap, and Hon'ble Chief Minister of Uttar Pradesh Shri Yogi Adityanath giving their endorsement to a diabetes medicine.
Fact Check:
Upon receiving the post we carefully watched the video and certainly found some discrepancies between lip synchronization and the word that we can hear. Also the voice of Chief Minister of Uttar Pradesh Shri Yogi Adityanath seems to be suspicious which clearly indicates some sign of fabrication. In the video, we can hear Hon'ble President of India Smt. Droupadi Murmu endorses a medicine that cured her diabetes. We then divided the video into keyframes, and reverse-searched one of the frames of the video. We landed on a video uploaded by Aaj Tak on their official YouTube Channel.
We found something similar to the same viral video, we can see the courtesy written as Sansad TV. Taking a cue from this we did some keyword searches and found another video uploaded by the YouTube Channel Sansad TV. In this video, we found no mention of any diabetes medicine. It was actually the Swearing in Ceremony of the Hon’ble President of India, Smt. Droupadi Murmu.
In the second part, there was a man addressed as Dr. Abhinash Mishra who allegedly invented the medicine that cures diabetes. We reverse-searched the image of that person and landed at a CNBC news website where the same face was identified as Dr Atul Gawande who is a professor at Harvard School of Public Health. We watched the video and found no sign of endorsing or talking about any diabetes medicine he invented.
We also extracted the audio from the viral video and analyzed it using the AI audio detection tool named Eleven Labs, which found the audio very likely to be created using the AI Voice generation tool with the probability of 98%.
Hence, the Claim made in the viral video is false and misleading. The Video is digitally edited using different clips and the audio is generated using the AI Voice creation tool to mislead netizens. It is worth noting that we have previously debunked such voice-altered news with bogus claims.
Conclusion:
In conclusion, the viral video claiming that Hon'ble President of India, Smt. Droupadi Murmu and Chief Minister of Uttar Pradesh Shri Yogi Adityanath promoted a diabetes medicine that cured their diabetes, is found to be false. Upon thorough investigation it was found that the video is digitally edited from different clips, the clip of Hon'ble President of India, Smt. Droupadi Murmu is taken from the clip of Oath Taking Ceremony of 15th President of India and the claimed doctor Abhinash Mishra whose video was found in CNBC News Outlet. The real name of the person is Dr. Atul Gawande who is a professor at Harvard School of Public Health. Online users must be careful while receiving such posts and should verify before sharing them with others.
Claim: A video is being circulated on social media claiming to show distinguished individuals promoting a particular medicine for diabetes treatment.
Claimed on: Facebook
Fact Check: Fake & Misleading
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Introduction
Digitalisation presents both opportunities and challenges for micro, small, and medium enterprises (MSMEs) in emerging markets. Digital tools can increase business efficiency and reach but also increase exposure to misinformation, fraud, and cyber attacks. Such cyber threats can lead to financial losses, reputational damage, loss of customer trust, and other challenges hindering MSMEs' ability and desire to participate in the digital economy.
The current information dump is a major component of misinformation. Misinformation spreads or emerges from online sources, causing controversy and confusion in various fields including politics, science, medicine, and business. One obvious adverse effect of misinformation is that MSMEs might lose trust in the digital market. Misinformation can even result in the devaluation of a product, sow mistrust among customers, and negatively impact the companies’ revenue. The reach of and speed with which misinformation can spread and ruin companies’ brands, as well as the overall difficulty businesses face in seeking recourse, may discourage MSMEs from fully embracing the digital ecosystem.
MSMEs are essential for innovation, job development, and economic growth. They contribute considerably to the GDP and account for a sizable share of enterprises. They serve as engines of economic resilience in many nations, including India. Hence, a developing economy’s prosperity and sustainability depend on the MSMEs' growth and such digital threats might hinder this process of growth.
There are widespread incidents of misinformation on social media, and these affect brand and product promotion. MSMEs also rely on online platforms for business activities, and threats such as misinformation and other digital risks can result in reputational damage and financial losses. A company's reputation being tarnished due to inaccurate information or a product or service being incorrectly represented are just some examples and these incidents can cause MSMSs to lose clients and revenue.
In the digital era, MSMEs need to be vigilant against false information in order to preserve their brand name, clientele, and financial standing. In the interconnected world of today, these organisations must develop digital literacy and resistance against misinformation in order to succeed in the long run. Information resilience is crucial for protecting and preserving their reputation in the online market.
The Impact of Misinformation on MSMEs
Misinformation can have serious financial repercussions, such as lost sales, higher expenses, legal fees, harm to the company's reputation, diminished consumer trust, bad press, and a long-lasting unfavourable impact on image. A company's products may lose value as a result of rumours, which might affect both sales and client loyalty.
Inaccurate information can also result in operational mistakes, which can interrupt regular corporate operations and cost the enterprise a lot of money. When inaccurate information on a product's safety causes demand to decline and stockpiling problems to rise, supply chain disruptions may occur. Misinformation can also lead to operational and reputational issues, which can cause psychological stress and anxiety at work. The peace of the workplace and general productivity may suffer as a result. For MSMEs, false information has serious repercussions that impact their capacity to operate profitably, retain employees, and maintain a sustainable business. Companies need to make investments in cybersecurity defence, legal costs, and restoring consumer confidence and brand image in order to lessen the effects of false information and ensure smooth operations.
When we refer to the financial implications caused by misinformation spread in the market, be it about the product or the enterprise, the cost is two-fold in all scenarios: there is loss of revenue and then the organisation has to contend with the costs of countering the impact of the misinformation. Stock Price Volatility is one financial consequence for publicly-traded MSMEs, as misinformation can cause stock price fluctuations. Potential investors might be discouraged due to false negative information.
Further, the reputational damage consequences of misinformation on MSMEs is also a serious concern as a loss of their reputation can have long-term damages for a carefully-cultivated brand image.
There are also operational disruptions caused by misinformation: for instance, false product recalls can take place and supplier mistrust or false claims about supplier reliability can disrupt procurement leading to disruptions in the operations of MSMEs.
Misinformation can negatively impact employee morale and productivity due to its physiological effects. This leads to psychological stress and workplace tensions. Staff confidence is also affected due to the misinformation about the brand. Internal operational stability is a core component of any organisation’s success.
Misinformation: Key Risk Areas for MSMEs
- Product and Service Misinformation
For MSMEs, misinformation about products and services poses a serious danger since it undermines their credibility and the confidence clients place in the enterprise and its products or services. Because this misleading material might mix in with everyday activities and newsfeeds, viewers may find it challenging to identify fraudulent content. For example, falsehoods and rumours about a company or its goods may travel quickly through social media, impacting the confidence and attitude of customers. Algorithms that favour sensational material have the potential to magnify disinformation, resulting in the broad distribution of erroneous information that can harm a company's brand.
- False Customer Reviews and Testimonials
False testimonies and evaluations pose a serious risk to MSMEs. These might be abused to damage a company's brand or lead to unfair competition. False testimonials, for instance, might mislead prospective customers about the calibre or quality of a company’s offerings, while phony reviews can cause consumers to mistrust a company's goods or services. These actions frequently form a part of larger plans by rival companies or bad individuals to weaken a company's position in the market.
- Misleading Information about Business Practices
False statements or distortions regarding a company's operations constitute misleading information about business practices. This might involve dishonest marketing, fabrications regarding the efficacy or legitimacy of goods, and inaccurate claims on a company's compliance with laws or moral principles. Such incorrect information can result in a decline in consumer confidence, harm to one's reputation, and even legal issues if consumers or rival businesses act upon it. Even before the truth is confirmed, for example, allegations of wrongdoing or criminal activity pertaining can inflict a great deal of harm, even if they are disproven later.
- Fake News Related to Industry and Market Conditions
By skewing consumer views and company actions, fake news about market and industry circumstances can have a significant effect on MSMEs. For instance, false information about market trends, regulations, or economic situations might make consumers lose faith in particular industries or force corporations to make poor strategic decisions. The rapid dissemination of misinformation on online platforms intensifies its effects on enterprises that significantly depend on digital engagement for their operations.
Factors Contributing to the Vulnerability of MSMEs
- Limited Resources for Verification
MSMEs have a small resource pool. Information verification is typically not a top priority for most. MSMEs usually lack the resources needed to verify the information and given their limited resources, they usually tend to deploy the same towards other, more seemingly-critical functions. They are more susceptible to misleading information because they lack the capacity to do thorough fact-checking or validate the authenticity of digital content. Technology tools, human capital, and financial resources are all in low supply but they are essential requirements for effective verification processes.
- Inadequate Digital Literacy
Digital literacy is required for effective day-to-day operations. Fake reviews, rumours, or fake images commonly used by malicious actors can result in increased scrutiny or backlash against the targeted business. The lack of awareness combined with limited resources usually spells out a pale redressal plan on part of the affected MSME. Due to their low digital literacy in this domain, a large number of MSMEs are more susceptible to false information and other online threats. Inadequate knowledge and abilities to use digital platforms securely and effectively can result in making bad decisions and raising one's vulnerability to fraud, deception, and online scams.
- Lack of Crisis Management Plans
MSMEs frequently function without clear-cut procedures for handling crises. They lack the strategic preparation necessary to deal with the fallout from disinformation and cyberattacks. Proactive crisis management plans usually incorporate procedures for detecting, addressing, and lessening the impact of digital harms, which are frequently absent from MSMEs.
- High Dependence on Social Media and Online Platforms
The marketing strategy for most MSMEs is heavily reliant on social media and online platforms. While the digital-first nature of operations reduces the need for a large capital to set up in the form of stores or outlets, it also gives them a higher need to stay relevant to the trends of the online community and make their products attractive to the customer base. However, MSMEs are depending more and more on social media and other online channels for marketing, customer interaction, and company operations. These platforms are really beneficial, but they also put organisations at a higher risk of false information and online fraud. Heavy reliance on these platforms coupled with the absence of proper security measures and awareness can result in serious interruptions to operations and monetary losses.
CyberPeace Policy Recommendations to Enhance Information Resilience for MSMEs
CyberPeace advocates for establishing stronger legal frameworks to protect MSMEs from misinformation. Governments should establish regulations to build trust in online business activities and mitigate fraud and misinformation risks. Mandatory training programs should be implemented to cover online safety and misinformation awareness for MSME businesses. Enhanced reporting mechanisms should be developed to address digital harm incidents promptly. Governments should establish strict penalties for deliberate inaccurate misinformation spreaders, similar to those for copyright or intellectual property violations. Community-based approaches should be encouraged to help MSMEs navigate digital challenges effectively. Donor communities and development agencies should invest in digital literacy and cybersecurity training for MSMEs, focusing on misinformation mitigation and safe online practices. Platform accountability should be increased, with social media and online platforms playing a more active role in removing content from known scam networks and responding to fraudulent activity reports. There should be investment in comprehensive digital literacy solutions for MSMEs that incorporate cyber hygiene and discernment skills to combat misinformation.
Conclusion
Misinformation poses a serious risk to MSME’s digital resilience, operational effectiveness, and financial stability. MSMEs are susceptible to false information because of limited technical resources, lack of crisis management strategies, and insufficient digital literacy. They are also more vulnerable to false information and online fraud because of their heavy reliance on social media and other online platforms. To address these challenges it is significant to strengthen their cyber hygiene and information resilience. Robust policy and regulatory frameworks are encouraged, promoting and mandating online safety training programmes, and improved reporting procedures, are required to overall enhance the information landscape.
References:
- https://www.dai.com/uploads/digital-downsides.pdf
- https://www.indiacode.nic.in/bitstream/123456789/2013/3/A2006-27.pdf
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1946375
- https://dai-global-digital.com/digital-downsides-the-economic-impact-of-misinformation-and-other-digital-harms-on-msmes-in-kenya-india-and-cambodia.html
- https://www.dai.com/uploads/digital-downsides.pdf
