#FactCheck - Debunked: Viral Video Falsely Claims Allu Arjun Joins Congress Campaign

Introduction

In 2019 India got its bill on Data protection in the form of the Personal Data Protection Bill 2019. This bill focused on digital rights and duties pertaining to data privacy. However, the bill was scrapped by the Govt in mid-2022, and a new bill was drafted, Successor bill was introduced as the Digital Personal Data Protection Bill, 2022 on 18th November 2022, which was made open for public comments and consultations and now the bill is expected to be tabled at the parliament in the Monsoon session.

What is DPDP, 2022?

Digital Personal Data Protection Bill, is the lasted draft regulation for data privacy in India. The bill has been essentially focused towards data protection by companies and the keep aspect of Puttaswamy judgement of data privacy as a fundamental right has been upheld under the scope of the bill. The bill comes after nearly 150 recommendations which the parliamentary committee made when the PDP, 2019 was scrapped.

The bill highlights the following keen aspects-

• Data Fiduciary- The entity (an individual, company, firm, state, etc.) which decides the purpose and means of processing an individual’s personal data.
• Data Principle- The individual to whom personal data is related.
• Processing- The entire cycle of operations that can be carried out concerning personal data.
• Gender Neutrality- For the first time in India’s legislative history, “her” and “she” have been used to refer to individuals irrespective of gender.
• Right to Erase Data- Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
• Cross-border data transfer- The bill allows cross-border data after an assessment of relevant factors by the Central Government.
• Children’s Rights- The bill guarantees the right to digital privacy under the protection of parents/guardians.
• Heavy Penalties- The bill enforces heavy penalties for non-compliance with the provisions, not exceeding Rs 500 crore.

Data Protection Board

The bill lays down provisions for setting up a Data Protection Board. This board will be an independent body acting solely on the factors of data privacy and protection of the data principles and maintaining compliance by data fiduciaries. The board will be headed by a chairperson of essential and relevant qualifications, and members and various other officials shall assist him/her under the board. The board will serve grievance redressal to the data principles and can conduct investigation, inquiry, proceeding, and pass orders equivalent to a Civil court. The proceeding will be undertaken on the principle of natural justice, and the aggrieved can file an appeal to the High Court of appropriate jurisdiction.

Global Comparison

Many countries have data protection laws that regulate the processing of personal data. Some of the notable examples include:

• European Union: The EU’s General Data Protection Regulation (GDPR) is one of the world’s most comprehensive data protection laws. It regulates public and private entities’ processing of personal data and gives individuals a wide range of rights over their personal data.
• United States: The US has several data protection laws that apply to specific sectors or types of data, such as health data (HIPAA) or financial data (Gramm-Leach-Bliley Act). However, there is no comprehensive federal data protection law in the US.
• Japan: Japan’s Personal Information Protection Act (PIPA) regulates the handling of personal data by private entities and gives individuals certain rights over their personal data.
• Australia: Australia’s Privacy Act 1988 regulates the handling of personal data by public and private entities and gives individuals certain rights over their personal data.
• Brazil: Brazil’s General Data Protection Law (LGPD) regulates the processing of personal data by public and private entities and gives individuals certain rights over their personal data. It also imposes heavy fines and penalties on entities that violate the provisions of the law.

Overall, while there are some similarities in data protection laws across countries, there are also significant differences in scope, applicability, and enforcement. It is important for organisations to understand the data protection laws that apply to their operations and take appropriate steps to comply with these laws.

Parliamentary Asscent

The case of violation of the privacy policy by WhatsApp at the Hon’ble Supreme Court resulted in a significant advocacy for Data privacy as a fundamental right, and it was held that, as suggested otherwise in the privacy policy, Whatsapp was sharing its user’s data with Meta. This massive breach of trust could have led to data mismanagement affecting thousands of Indian users. The Hon’ble Supreme Court has taken due consideration of data privacy and its challenges in India and asked the Govt to table the bill in Parliament. The bill will be tabled for discussion in the monsoon session. The Supreme Court has set up a constitutional bench to check the bill’s scope, extent and applications and provide its judicial oversight.  The constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar has fixed the matter for hearing in August in order to enforce the potential changes and amendments in the act post the parliamentary discussion.

Conclusion

India is the world’s largest democracy, so the crucial aspects of passing laws and amendments have always been followed by the government and kept under check by the judiciary. The discussion over bills is a crucial part of the democratic process, and bills as important as Digital Personal Data Protection need to be discussed and analysed thoroughly in both houses of Parliament to ensure the govt passes a sustainable and efficient law.

Introduction  

The emergence of deepfake technology has become a significant problem in an era driven by technological growth and power. The government has reacted proactively as a result of concerns about the exploitation of this technology due to its extraordinary realism in manipulating information. The national government is in the vanguard of defending national interests, public trust, and security as the digital world changes. On the 26th of December 2023, the central government issued an advisory to businesses, highlighting how urgent it is to confront this growing threat.

The directive aims to directly address the growing concerns around Deepfakes, or misinformation driven by AI. This advice represents the result of talks that Union Minister Shri Rajeev Chandrasekhar, had with intermediaries during the course of a month-long Digital India dialogue. The main aim of the advisory is to accurately and clearly inform users about information that is forbidden, especially those listed under Rule 3(1)(b) of the IT Rules. 

Advisory

The Ministry of Electronics and Information Technology (MeitY) has sent a formal recommendation to all intermediaries, requesting adherence to current IT regulations and emphasizing the need to address issues with misinformation, specifically those driven by artificial intelligence (AI), such as Deepfakes. Union Minister Rajeev Chandrasekhar released the recommendation, which highlights the necessity of communicating forbidden information in a clear and understandable manner, particularly in light of Rule 3(1)(b) of the IT Rules.

Advise on Prohibited Content Communication

According to MeitY's advice, intermediaries must transmit content that is prohibited by Rule 3(1)(b) of the IT Rules in a clear and accurate manner. This involves giving users precise details during enrollment, login, and content sharing/uploading on the website, as well as including such information in customer contracts and terms of service.

Ensuring Users Are Aware of the Rules

Digital platform suppliers are required to inform their users of the laws that are relevant to them. This covers provisions found in the IT Act of 2000 and the Indian Penal Code (IPC). Corporations should inform users of the potential consequences of breaking the restrictions outlined in Rule 3(1)(b) and should also urge users to notify any illegal activity to law enforcement.

Talks Concerning Deepfakes

For more than a month, Union Minister Rajeev Chandrasekhar had a significant talk with various platforms where they addressed the issue of "deepfakes," or computer-generated fake videos. The meeting emphasized how crucial it is that everyone abides by the laws and regulations in effect, particularly the IT Rules to prevent deepfakes from spreading.  

Addressing the Danger of Disinformation

Minister Chandrasekhar underlined the grave issue of disinformation, particularly in the context of deepfakes, which are false pieces of content produced using the latest developments such as artificial intelligence. He emphasized the dangers this deceptive data posed to internet users' security and confidence. The Minister emphasized the efficiency of the IT regulations in addressing this issue and cited the Prime Minister's caution about the risks of deepfakes.

Rule Against Spreading False Information

The Minister referred particularly to Rule 3(1)(b)(v), which states unequivocally that it is forbidden to disseminate false information, even when doing so involves cutting-edge technology like deepfakes. He called on intermediaries—the businesses that offer digital platforms—to take prompt action to take such content down from their systems. Additionally, he ensured that everyone is aware that breaking such rules has legal implications.

Analysis 

The Central Government's latest advisory on deepfake technology demonstrates a proactive strategy to deal with new issues. It also highlights the necessity of comprehensive legislation to directly regulate AI material, particularly with regard to user interests.

There is a wider regulatory vacuum for content produced by artificial intelligence, even though the current guideline concentrates on the precision and lucidity of information distribution. While some limitations are mentioned in the existing laws, there are no clear guidelines for controlling or differentiating AI-generated content.

Positively, it is laudable that the government has recognized the dangers posed by deepfakes and is making appropriate efforts to counter them. As AI technology develops, there is a chance to create thorough laws that not only solve problems but also create a supportive environment for the creation of ethical AI content. User protection, accountability, openness, and moral AI use would all benefit from such laws. This offers an opportunity for regulatory development to guarantee the successful and advantageous incorporation of AI into our digital environment.

Conclusion 

The Central Government's preemptive advice on deepfake technology shows a great dedication to tackling new risks in the digital sphere. The advice highlights the urgent need to combat deepfakes, but it also highlights the necessity for extensive legislation on content produced by artificial intelligence. The lack of clear norms offers a chance for constructive regulatory development to protect the interests of users. The advancement of AI technology necessitates the adoption of rules that promote the creation of ethical AI content, guaranteeing user protection, accountability, and transparency. This is a turning point in the evolution of regulations, making it easier to responsibly incorporate AI into our changing digital landscape.

References

• https://economictimes.indiatimes.com/tech/technology/deepfake-menace-govt-issues-advisory-to-intermediaries-to-comply-with-existing-it-rules/articleshow/106297813.cms
• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1990542#:~:text=Ministry%20of%20Electronics%20and%20Information,misinformation%20powered%20by%20AI%20%E2%80%93%20Deepfakes.
• https://www.timesnownews.com/india/centres-deepfake-warning-to-it-firms-ensure-users-dont-violate-content-rules-article-106298282#:~:text=The%20Union%20government%20on%20Tuesday,actors%2C%20businesspersons%20and%20other%20celebrities

Introduction

Data protection has been a critical aspect of advocacy and governance all across the world. Data fuels our cyber-ecosystem and strengthens the era of emerging technologies. All industries and sectors are now dependent upon the data of the user. The governments across the world have been deliberating internally to address the issue and legality of Data protection and privacy. The Indian government has witnessed various draft bills and policies focusing on Data protection over the years, and the contemporary bill is the Digital Personal Data Protection Bill, 2023, which was tabled at the Lok Sabha (Lower House of Parliament) on 03 August for discussions and parliamentary assent.

What is DPDP, 2023?

The goal of the complete and comprehensive Digital Personal Data Protection Bill of 2023 is to establish a framework for the protection of personal data in India. The measure acknowledges the significance of protecting personal data and seeks to strike a balance between the necessity to process personal data for legitimate purposes and the right of individuals to do so. The bill establishes a number of crucial expressions and ideas associated with the protection of personal data, including “data fiduciary,” “data principal,” and “sensitive personal data.” It also emphasises the duties of data fiduciaries, including the need to establish suitable security measures to preserve personal data and the need to secure data principals’ consent before processing their personal information. The measure also creates the Data Protection Board of India, which would implement its requirements and guarantee data fiduciaries’ compliance. The board will have the authority to look into grievances, give directives, and impose sanctions for non-compliance.

Key Features of the Bill

The bill tabled at the parliament has the following key features:

• The 2023 bill imposes reasonable obligations on data fiduciaries and data processors to safeguard digital personal data.
• Under the 2023 bill, a new Data Protection Board is established, which will ensure compliance, remedies and penalties.
• Under the new bill, the Board has been entrusted with the power equivalent to 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 2023 bill also secures more rights of 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.
• 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.
• 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’ pertaining to the conditions in regard to Sovernity and Intergrity of India.
• There is an introduction of the negative list, which restricts cross-data transfer.

Additionally, the measure makes special provisions for the processing of children’s personal data and acknowledges the significance of protecting children’s privacy. Additionally, it highlights the rights of the data subjects, including their right to access their personal information, their right to have wrong information corrected, and their right to be forgotten.

Drive4CyberPeace

A campaign was undertaken by CyberPeace to gain a critical understanding of what people understand about Data privacy and protection in India. The 4-month long campaign led to a pan-India interaction with netizens from different areas and backgrounds. The thoughts and opinions of the netizens were understood and collated in the form of a whitepaper which was, in turn, presented to Parliamentarians and government officials. The whitepaper laid the foundation of the recommendations submitted to the Ministry of Electronics and Information Technology as part of the stakeholder consultation.

Conclusion

Overall, the Digital Personal Data Protection Bill of 2023 is an important step towards safeguarding Indian citizens’ privacy and personal data. It creates a regulatory agency to guarantee compliance and enforcement and offers a thorough framework for data protection. The law includes special measures for the protection of sensitive personal data and the personal data of children and acknowledges the significance of striking a balance between the right to privacy and the necessity of data processing.