DPDP Bill 2023 A Comparative Analysis
Introduction
THE DIGITAL PERSONAL DATA PROTECTION BILL, 2022 Released for Public Consultation on November 18, 2022THE DIGITAL PERSONAL DATA PROTECTION BILL, 2023Tabled at LokSabha on August 03. 2023Personal data may be processed only for a lawful purpose for which an individual has given consent. Consent may be deemed in certain cases.The 2023 bill imposes reasonable obligations on data fiduciaries and data processors to safeguard digital personal data.There is a Data Protection Board under the 2022 bill to deal with the non-compliance of the Act.Under the 2023 bill, there is the Establishment of a new Data Protection Board which will ensure compliance, remedies and penalties.
Under the new bill, the Board has been entrusted with the power of a civil court, such as the power to take cognisance in response to personal data breaches, investigate complaints, imposing penalties. Additionally, the Board can issue directions to ensure compliance with the act.The 2022 Bill grants certain rights to individuals, such as the right to obtain information, seek correction and erasure, and grievance redressal.The 2023 bill also grants More Rights to Individuals and establishes a balance between user protection and growing innovations. The bill creates a transparent and accountable data governance framework by giving more rights to individuals. In the 2023 bill, there is an Incorporation of Business-friendly provisions by removing criminal penalties for non-compliance and facilitating international data transfers.
The new 2023 bill balances out fundamental privacy rights and puts reasonable limitations on those rights.Under the 2022 bill, Personal data can be processed for a lawful purpose for which an individual has given his consent. And there was a concept of deemed consent.The new data protection board will carefully examine the instance of non-compliance by imposing penalties on non-compiler.The bill does not provide any express clarity in regards to compensation to be granted to the Data Principal in case of a Data Breach.Under 2023 Deemed consent is there in its new form as ‘Legitimate Users’.The 2022 bill allowed the transfer of personal data to locations notified by the government.There is an introduction of the negative list, which restricts cross-data transfer.
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Introduction:
The Federal Bureau of Investigation (FBI) focuses on threats and is an intelligence-driven agency with both law enforcement and intelligence responsibilities. The FBI has the power and duty to look into certain offences that are entrusted to it and to offer other law enforcement agencies cooperation services including fingerprint identification, lab tests, and training. In order to support its own investigations as well as those of its collaborators and to better comprehend and address the security dangers facing the United States, the FBI also gathers, disseminates, and analyzes intelligence.
The FBI’s Internet Crime Complaint Center (IC3) Functions combating cybercrime:
- Collection: Internet crime victims can report incidents and notify the relevant authorities of potential illicit Internet behavior using the IC3. Law enforcement frequently advises and directs victims to use www.ic3.gov to submit a complaint.
- Analysis: To find new dangers and trends, the IC3 examines and examines data that users submit via its website.
- Public Awareness: The website posts public service announcements, business alerts, and other publications outlining specific frauds. Helps to raise awareness and make people become aware of Internet crimes and how to stay protected.
- Referrals: The IC3 compiles relevant complaints to create referrals, which are sent to national, international, local, and state law enforcement agencies for possible investigation. If law enforcement conducts an investigation and finds evidence of a crime, the offender may face legal repercussions.
Alarming increase in cyber crime cases:
In the recently released 2022 Internet Crime Report by the FBI's Internet Crime Complaint Center (IC3), the statistics paint a concerning picture of cybercrime in the United States. FBI’s Internet Crime Complaint Center (IC3) received 39,416 cases of extortion in 2022. The number of cases in 2021 stood at 39,360.
FBI officials emphasize the growing scope and sophistication of cyber-enabled crimes, which come from around the world. They highlight the importance of reporting incidents to IC3 and stress the role of law enforcement and private-sector partnerships.
About Internet Crime Complaint Center IC3:
IC3 was established in May 2000 by the FBI to receive complaints related to internet crimes.
It has received over 7.3 million complaints since its inception, averaging around 651,800 complaints per year over the last five years. IC3's mission is to provide the public with a reliable reporting mechanism for suspected cyber-enabled criminal activity and to collaborate with law enforcement and industry partners.
The FBI encourages the public to regularly review consumer and industry alerts published by IC3. An victim of an internet crime are urged to submit a complaint to IC3, and can also file a complaint on behalf of another person. These statistics underscore the ever-evolving and expanding threat of cybercrime and the importance of vigilance and reporting to combat this growing challenge.
What is sextortion?
The use or threatened use of a sexual image or video of another person without that person’s consent, derived from online encounters or social media websites or applications, primarily to extort money from that person or asking for sexual favours and giving warning to distribute that picture or video to that person’s friends, acquaintances, spouse, partner, or co-workers or in public domain.
Sextortion is an online crime that can be understood as, when an bad actor coerces a young person into creating or sharing a sexual image or video of themselves and then uses it to get something from such young person, such as other sexual images, money, or even sexual favours. Reports highlights that more and more kids are being blackmailed in this way. Sextortion can also happen to adults. Sextortion can also take place by taking your pictures from social media account and converting those pictures into sexually explicit content by morphing such images or creating deepfake by miusing deepfake technologies.
Sextortion in the age of AI and advanced technologies:
AI and deep fake technology make sextortion even more dangerous and pernicious. A perpetrator can now produce a high-quality deep fake that convincingly shows a victim engaged in explicit acts — even if the person has not done any such thing.
Legal Measures available in cases of sextortion:
In India, cybersecurity is governed primarily by the Indian Penal Code (IPC) and the Information Technology Act, 2000 (IT Act). Addressing cyber crimes such as hacking, identity theft, and the publication of obscene material online, sextortion and other cyber crimes. The IT Act covers various aspects of electronic governance and e-commerce, with providing provisions for defining such offences and providing punishment for such offences.
Recently Digital Personal Data Protection Act, 2023 has been enacted by the Indian Government to protect the digital personal data of the Individuals. These laws collectively establish the legal framework for cybersecurity and cybercrime prevention in India. Victims are urged to report the crime to local law enforcement and its cybercrime divisions. Law enforcement will investigate sextortion cases reports and will undertake appropriate legal action.
How to stay protected from evolving cases of sextortion: Best Practices:
- Report the Crime to law enforcement agency and social media platform or Internet service provider.
- Enable Two-step verification as an extra layer of protection.
- Keep your laptop Webcams covered when not in use.
- Stay protected from malware and phishing Attacks.
- Protect your personal information on your social media account, and also monitor your social media accounts in order to identify any suspicious activity. You can also set and review privacy settings of your social media accounts.
Conclusion:
Sextortion cases has been increased in recent time. Knowing the risk, being aware of rules and regulations, and by following best practices will help in preventing such crime and help you to stay safe and also avoid the chance of being victimized. It is important to spreading awareness about such growing cyber crimes and empowering the people to report it and it is also significant to provide support to victims. Let’s all unite in order to fight against such cyber crimes and also to make life a safer place on the internet or digital space.
References:
- https://www.ic3.gov/Media/PDF/AnnualReport/2022_IC3ElderFraudReport.pdf
- https://octillolaw.com/insights/fbi-ic3-releases-2022-internet-crime-report/
- https://www.iafci.org/app_themes/docs/Federal%20Agency/2022_IC3Report.pdf

Introduction
Attempts at countering the spread of misinformation can include various methods and differing degrees of engagement by different stakeholders. The inclusion of Artificial Intelligence, user awareness and steps taken on the part of the public at a larger level, focus on innovation to facilitate clear communication can be considered in the fight to counter misinformation. This becomes even more important in spaces that deal with matters of national security, such as the Indian army.
IIT Indore’s Intelligent Communication System
As per a report in Hindustan Times on 14th November 2024, IIT Indore has achieved a breakthrough on their project regarding Intelligent Communication Systems. The project is supported by the Department of Telecommunications (DoT), the Ministry of Electronics and Information Technology (MeitY), and the Council of Scientific and Industrial Research (CSIR), as part of a specialised 6G research initiative (Bharat 6G Alliance) for innovation in 6G technology.
Professors at IIT Indore claim that the system they are working on has features different from the ones currently in use. They state that the receiver system can recognise coding, interleaving (a technique used to enhance existing error-correcting codes), and modulation methods together in situations of difficult environments, which makes it useful for transmitting information efficiently and securely, and thus could not only be used for telecommunication but the army as well. They also mention that previously, different receivers were required for different scenarios, however, they aim to build a system that has a single receiver that can adapt to any situation.
Previously, in another move that addressed the issue of misinformation in the army, the Ministry of Defence designated the Additional Directorate General of Strategic Communication in the Indian Army as the authorised officer to issue take-down notices regarding instances of posts consisting of illegal content and misinformation concerning the Army.
Recommendations
Here are a few policy implications and deliberations one can explore with respect to innovations geared toward tackling misinformation within the army:
- Research and Development: In this context, investment and research in better communication through institutes have enabled a system that ensures encrypted and secure communication, which helps with ways to combat misinformation for the army.
- Strategic Deployment: Relevant innovations can focus on having separate pilot studies testing sensitive data in the military areas to assess their effectiveness.
- Standardisation: Once tested, a set parameter of standards regarding the intelligence communication systems used can be encouraged.
- Cybersecurity integration: As misinformation is largely spread online, innovation in such fields can encourage further exploration with regard to integration with Cybersecurity.
Conclusion
The spread of misinformation during modern warfare can have severe repercussions. Sensitive and clear data is crucial for safe and efficient communication as a lot is at stake. Innovations that are geared toward combating such issues must be encouraged, for they not only ensure efficiency and security with matters related to defence but also combat misinformation as a whole.
References
- https://timesofindia.indiatimes.com/city/indore/iit-indore-unveils-groundbreaking-intelligent-receivers-for-enhanced-6g-and-military-communication-security/articleshow/115265902.cms
- https://www.hindustantimes.com/technology/6g-technology-and-intelligent-receivers-will-ease-way-for-army-intelligence-operations-iit-official-101731574418660.html

Introduction
As our reliance on digital communication technologies increases, so do the risks associated with the same. The propagation of false information is a significant concern. According to the World Economic Forum's 2024 Global Risk Report, India ranks the highest for misinformation and disinformation risk. Indian Vice President Shri Jagdeep Dhankhar emphasized the importance of transparency and accountability in the digital information age, addressing Indian Information Service officer trainees at the Vice President's Enclave on 18th June 2024. He has highlighted the issue of widespread misinformation and the need to regulate it. He stated “Information is power, information is too dangerous a power, information is that power which has to be regulated’’.
VC calls for regulation of the Information Landscape
The Vice President of India, Shri Dhankhar, has called on young Indian Information Service officers to act swiftly to neutralize misinformation on social media. He emphasized the importance of protecting individuals and institutions from fake narratives set afloat on social media. The VP called for the officers to act as information warriors, protecting the privacy and reputation of affected individuals or institutions.
The VP also highlighted India's vibrant democracy and the need for trust in the government. He called for the neutralization of motivated narratives set by global media and stressed the importance of not allowing others to calibrate them. He also emphasized the need to promote India's development narrative globally, highlighting its rich cultural heritage and diversity. He has expressed the need to regulate information, saying “Unregulated information & fake news can create a disaster of un-imaginable proportion.”
MeitY Advisory dated 1st March 2024
As regards to the issue of misinformation, the recently-issued advisory by the Ministry of Electronics and Information Technology (MeitY), specifies that all users should be well informed about the consequences of dealing with unlawful information on online platforms, including disabling access, removing non-compliant information, suspension or termination of access or usage rights of the user to their user account and imposing punishment under applicable law. The advisory entails that users are clearly informed, through terms of services and user agreements, about the consequences of engaging with unlawful information on the platform. Measures to combat deepfakes or misinformation have also been discussed in the advisory. The advisory necessitates identifying synthetically-created content across various formats, and advising platforms to employ labels, unique identifiers, or metadata to ensure transparency. Furthermore, the advisory mandates the disclosure of software details and tracing the first originator of such synthetically created content.
Conclusion
The battle against the growing incidences of misinformation and disinformation will not be easily won: developing a robust regulatory framework to counter online misinformation is essential. Alongside the regulatory framework, the government should encourage digital literacy campaigns, promote prebunking and debunking strategies and collaborate with relevant organisations such as cybersecurity experts, fact-checking entities, researchers, and policy analysts to combat misinformation on the Internet. Vice President Jagdeep Dhankhar's statement scores the need to regulate information to prevent the spread of fake news or misinformation.
References:
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2026304
- https://regmedia.co.uk/2024/03/04/meity_ai_advisory_1_march.pdf