DPDP at LokSabha: The CyberPeace Outlook

Introduction:

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. 

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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. 

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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)

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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. 

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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.

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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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References:

• https://indianlegalsystem.org/cdr-the-wonder-word/#:~:text=CDR%20is%20admissible%20as%20secondary,the%20Indian%20Evidence%20Act%2C%201872.
• https://timesofindia.indiatimes.com/city/delhi/needle-in-a-haystack-how-cops-scanned-5k-mobile-numbers-to-crack-rs-25cr-heist/articleshow/104055687.cms?from=mdr
• https://www.ndtv.com/delhi-news/just-one-man-planned-executed-rs-25-crore-delhi-heist-another-thief-did-him-in-4436494

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Introduction

In this ever-evolving world of technology, cybercrimes and criminals continue to explore new and innovative methods to exploit and intimidate their victims. One of the recent shocking incidents has been reported from the city of Bharatpur, Rajasthan, where the cyber crooks organised a mock court session This complex operation, meant to induce fear and force obedience, exemplifies the daring and intelligence of modern hackers. In this blog article, we’ll go deeper into this concerning occurrence, delving into it to offer light on the strategies used and the ramifications for cybersecurity.to frighten their targets.

The Setup

The case was reported from Gopalgarh village in Bharatpur, Rajasthan, and has unfolded with a shocking twist -the father-son duo, Tahir Khan and his son Talim Khano — from Gopalgarh village in Bharatpur, Rajasthan, has been fooling people to gain their monetary gain by staging a mock court setting and recorded the proceedings to intimidate their victims into paying hefty sums. In the recent case, they have gained 2.69 crores through sextortion. the duo uses to trace their targets on social media platforms, blackmail them, and earn a hefty amount.

An official complaint was filed by a 69-year-old victim who was singled out through his social media accounts, his friends, and his posts Initially, they contacted the victim with a pre-recorded video featuring a nude woman, coaxing him into a compromising situation. As officials from the Delhi Crime Branch and the CBI, they threatened the victim, claiming that a girl had approached them intending to file a complaint against him. Later, masquerading as YouTubers, they threatened to release the incriminating video online. Adding to the charade, they impersonated a local MLA and presented the victim with a forged stamp paper alleging molestation charges. Eventually, posing as Delhi Crime Branch officials again, they demanded money to settle the case after falsely stating that they had apprehended the girl. To further manipulate the victim, the accused staged a court proceeding, recording it and subsequently sending it to him, creating the illusion that everything was concluded. This unique case of sextortion stands out as the only instance where the culprits went to such lengths, staging and recording a mock court to extort money.  Furthermore, it was discovered that the accused had fabricated a letter from the Delhi High Court, adding another layer of deception to their scheme.

The Investigation

The complaint was made in a cyber cell. After the complaint was filed, the investigation was made, and it was found that this case stands as one of the most significant sextortion incidents in the country. The father-son pair skillfully assumed five different roles, meticulously executing their plan, which included creating a simulated court environment. “We have also managed to recover Rs 25 lakh from the accused duo—some from their residence in Gopalgarh and the rest from the bank account where it was deposited.

The Tricks used by the duo
The father-son The setup in the fake court scene event was a meticulously built web of deception to inspire fear and weakness in the victim. Let’s look at the tricks the two used to fool the people.

• Social Engineering strategies: Cyber criminals are skilled at using social engineering strategies to acquire the trust of their victims. In this situation, they may have employed phishing emails or phone calls to get personal information about the victim. By appearing as respectable persons or organisations, the crooks tricked the victim into disclosing vital information, giving them weapons they needed to create a sense of trustworthiness.
• Making a False Narrative: To make the fictitious court scenario more credible, the cyber hackers concocted a captivating story based on the victim’s purported legal problems. They might have created plausible papers to give their plan authority, such as forged court summonses, legal notifications, or warrants. They attempted to create a sense of impending danger and an urgent necessity for the victim to comply with their demands by deploying persuasive language and legal jargon.
• Psychological Manipulation: The perpetrators of the fictitious court scenario were well aware of the power of psychological manipulation in coercing their victims. They hoped to emotionally overwhelm the victim by using fear, uncertainty, and the possible implications of legal action. The offenders probably used threats of incarceration, fines, or public exposure to increase the victim’s fear and hinder their capacity to think critically. The idea was to use desperation and anxiety to force the victim to comply.
• Use of Technology to Strengthen Deception: Technological advancements have given cyber thieves tremendous tools to strengthen their misleading methods. The simulated court scenario might have included speech modulation software or deep fake technology to impersonate the voices or appearances of legal experts, judges, or law enforcement personnel. This technology made the deception even more believable, blurring the border between fact and fiction for the victim.

The use of technology in cybercriminals’ misleading techniques has considerably increased their capacity to fool and influence victims. Cybercriminals may develop incredibly realistic and persuasive simulations of judicial processes using speech modulation software, deep fake technology, digital evidence alteration, and real-time communication tools. Individuals must be attentive, gain digital literacy skills, and practice critical thinking when confronting potentially misleading circumstances online as technology advances. Individuals can better protect themselves against the expanding risks posed by cyber thieves by comprehending these technological breakthroughs.

What to do?

Seeking Help and Reporting Incidents: If you or anyone you know is the victim of cybercrime or is fooled by cybercrooks. When confronted with disturbing scenarios such as the imitation court scene staged by cybercrooks, victims must seek help and act quickly by reporting the occurrence. Prompt reporting serves various reasons, including increasing awareness, assisting with investigations, and preventing similar crimes from occurring again. Victims should take the following steps:

• Contact your local law enforcement: Inform local legal enforcement about the cybercrime event. Provide them with pertinent incident facts and proof since they have the experience and resources to investigate cybercrime and catch the offenders involved.
• Seek Assistance from a Cybersecurity specialist: Consult a cybersecurity specialist or respected cybersecurity business to analyse the degree of the breach, safeguard your digital assets, and obtain advice on minimising future risks. Their knowledge and forensic analysis can assist in gathering evidence and mitigating the consequences of the occurrence.
• Preserve Evidence: Keep any evidence relating to the event, including emails, texts, and suspicious actions. Avoid erasing digital evidence, and consider capturing screenshots or creating copies of pertinent exchanges. Evidence preservation is critical for investigations and possible legal procedures.

Conclusion

The setting fake court scene event shows how cybercriminals would deceive and abuse their victims. These criminals tried to use fear and weakness in the victim through social engineering methods, the fabrication of a false narrative, the manipulation of personal information, psychological manipulation, and the use of technology. Individuals can better defend themselves against cybercrooks by remaining watchful and sceptical.

Introduction

Assisted Reproductive Technology (“ART”) refers to a diverse set of medical procedures designed to aid individuals or couples in achieving pregnancy when conventional methods are unsuccessful. This umbrella term encompasses various fertility treatments, including in vitro fertilization (IVF), intrauterine insemination (IUI), and gamete and embryo manipulation. ART procedures involve the manipulation of both male and female reproductive components to facilitate conception.

The dynamic landscape of data flows within the healthcare sector, notably in the realm of ART, demands a nuanced understanding of the complex interplay between privacy regulations and medical practices. In this context, the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011, play a pivotal role, designating health information as "sensitive personal data or information" and underscoring the importance of safeguarding individuals' privacy. This sensitivity is particularly pronounced in the ART sector, where an array of personal data, ranging from medical records to genetic information, is collected and processed. The recent Assisted Reproductive Technology (Regulation) Act, 2021, in conjunction with the Digital Personal Data Protection Act, 2023, establishes a framework for the regulation of ART clinics and banks, presenting a layered approach to data protection.

A note on data generated by ART

Data flows in any sector are scarcely uniform and often not easily classified under straight-jacket categories. Consequently, mapping and identifying data and its types become pivotal. It is believed that most data flows in the healthcare sector are highly sensitive and personal in nature, which may severely compromise the privacy and safety of an individual if breached. The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 (“SPDI Rules”) categorizes any information pertaining to physical, physiological, mental conditions or medical records and history as “sensitive personal data or information”; this definition is broad enough to encompass any data collected by any ART facility or equipment. These include any information collected during the screening of patients, pertaining to ovulation and menstrual cycles, follicle and sperm count, ultrasound results, blood work etc. It also includes pre-implantation genetic testing on embryos to detect any genetic abnormality. 

But data flows extend beyond mere medical procedures and technology. Health data also involves any medical procedures undertaken, the amount of medicine and drugs administered during any procedure, its resultant side effects, recovery etc. Any processing of the above-mentioned information, in turn, may generate more personal data points relating to an individual’s political affiliations, race, ethnicity, genetic data such as biometrics and DNA etc.; It is seen that different ethnicities and races react differently to the same/similar medication and have different propensities to genetic diseases. Further, it is to be noted that data is not only collected by professionals but also by intelligent equipment like AI which may be employed by any facility to render their service. Additionally, dissemination of information under exceptional circumstances (e.g. medical emergency) also affects how data may be classified. Considerations are further nuanced when the fundamental right to identity of a child conceived and born via ART may be in conflict with the fundamental right to privacy of a donor to remain anonymous. 

Intersection of Privacy laws and ART laws: 

In India, ART technology is regulated by the Assisted Reproductive Technology (Regulation) Act, 2021 (“ART Act”). With this, the Union aims to regulate and supervise assisted reproductive technology clinics and ART banks, prevent misuse and ensure safe and ethical practice of assisted reproductive technology services. When read with the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and other ancillary guidelines, the two legislations provide some framework regulations for the digital privacy of health-based apps.

The ART Act establishes a National Assisted Reproductive Technology and Surrogacy Registry (“National Registry”) which acts as a central database for all clinics and banks and their nature of services. The Act also establishes a National Assisted Reproductive Technology and Surrogacy Board (“National Board”)  under the Surrogacy Act to monitor the implementation of the act and advise the central government on policy matters. It also supervises the functioning of the National Registry, liaises with State Boards and curates a code of conduct for professionals working in ART clinics and banks. Under the DPDP Act, these bodies (i.e. National Board, State Board, ART clinics and banks) are most likely classified as data fiduciaries (primarily clinics and banks), data processors (these may include National Board and State boards) or an amalgamation of both (these include any appropriate authority established under the ART Act for investigation of complaints, suspend or cancellation of registration of clinics etc.) depending on the nature of work undertaken by them. If so classified, then the duties and liabilities of data fiduciaries and processors would necessarily apply to these bodies. As a result, all bodies would necessarily have to adopt Privacy Enhancing Technologies (PETs) and other organizational measures to ensure compliance with privacy laws in place. This may be considered one of the most critical considerations of any ART facility since any data collected by them would be sensitive personal data pertaining to health, regulated by the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 (“SPDI Rules 2011”). These rules provide for how sensitive personal data or information are to be collected, handled and processed by anyone.

The ART Act independently also provides for the duties of ART clinics and banks in the country. ART clinics and banks are required to inform the commissioning couple/woman of all procedures undertaken and all costs, risks, advantages, and side effects of their selected procedure. It mandatorily ensures that all information collected by such clinics and banks to not informed to anyone except the database established by the National Registry or in cases of medical emergency or on order of court. Data collected by clinics and banks (these include details on donor oocytes, sperm or embryos used or unused) are required to be detailed and must be submitted to the National Registry online. ART banks are also required to collect personal information of donors including name, Aadhar number, address and any other details. By mandating online submission, the ART Act is harmonized with the DPDP Act, which regulates all digital personal data and emphasises free, informed consent.

Conclusion

With the increase in active opt-ins for ART, data privacy becomes a vital consideration for all healthcare facilities and professionals. Safeguard measures are not only required on a corporate level but also on a governmental level. It is to be noted that in the 262 Session of the Rajya Sabha, the Ministry of Electronics and Information Technology reported 165 data breach incidents involving citizen data from January 2018 to October 2023 from the Central Identities Data Repository despite publicly denying. This discovery puts into question the safety and integrity of data that may be submitted to the National Registry database, especially given the type of data (both personal and sensitive information) it aims to collate. At present the ART Act is well supported by the DPDP Act. However, further judicial and legislative deliberations are required to effectively regulate and balance the interests of all stakeholders.

References

• The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011
• Caring for Intimate Data in Fertility Technologies https://dl.acm.org/doi/pdf/10.1145/3411764.3445132 
• Digital Personal Data Protection Act, 2023
• https://www.wolterskluwer.com/en/expert-insights/pharmacogenomics-and-race-can-heritage-affect-drug-disposition