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Data localisation refers to restrictions in the data flow by limiting the physical storage and processing of data within a given jurisdiction’s boundaries.  

An obvious benefit contributing to the importance of data localisation is the privacy benefits it offers. In addition to this, data localisation also has the potential to safeguard sensitive data and decrease the probability of cyber-attacks. In India, data localisation has become a key issue in the last decade due to the increase in the discourse for data privacy. 

The Legal Framework in India

India passed the Digital Personal Data Protection Act of 2023 which directs the data fiduciaries (collectors and processors of digital personal data) to store the data of Indian citizens within India. This push for data localisation aligns with India’s position to enhance privacy, national security and regulatory control. It further requires data fiduciaries to adhere to the principles of data minimisation, purposeful limitation and consent of the data principles. Further, Section 17 of the Act prohibits the transfer of sensitive personal data to foreign jurisdictions unless they meet satisfactory privacy protection standards. 

The Reserve Bank of India, via a circular for Payments Data Regulation in 2018, has mandated that all payment data be stored in India, though it can be processed abroad. It requires the telecom sector to ensure local storage and local processing of subscriber information. It further prohibits the transferring of subscribers’ account information overseas.

MeitY’s Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, emphasise data localisation, specifically when it involves government or critical data. The main idea behind this is that data related to Indian citizens or government activities should remain accessible to Indian law enforcement agencies and is not subject to external jurisdiction.

Common Misinformation about Data Localisation and its Impact

Misconceptions fuel misinformation and influence public perception and policy debates. A common misconception is that all data must be stored in India. It should be noted that non-critical and non-sensitive data are not subject to localisation, and can be cleared for cross-border transfers under specific circumstances.

Another misconception is that data localisation alone ensures complete security. A robust cybersecurity approach, infrastructure and capabilities are what guarantee security and this holds true regardless of the location of where the data is stored. 

The notion that small businesses and startups will suffer the most is untrue. While data localisation policies may lead to increased costs, they foster innovation in the domestic infrastructure and services. This potentially fuels development and innovation in these small businesses and startups. Claims that data localisation will stifle global business are unfounded. 

Proper regulations for data transfers can help balance data flows, enabling international trade while ensuring data sovereignty.

Real Impact of Data Localisation

Data localisation impacts several domains and has both positive and negative outcomes.

• It can be a driver for investment in local data centres and infrastructure, thereby inducing employment generation and boosting the domestic economy. And in contrast, the compliance costs may rise especially for MNCs that need to maintain multiple data storage systems. 
• It can expedite the growth of local technology ecosystems while encouraging innovation in cloud computing and data storage solutions. On the other hand, small businesses might face struggles to afford the required infrastructure updates and upgrades.
• Law enforcement agencies will be able to gain access to data more swiftly while avoiding lengthy processes such as the Mutual Legal Assistance Treaties (MLATs). However, it should be noted that storing data locally does not automatically ensure that they are immune from attacks and breaches.
• A balance between sovereignty and global partnerships is a challenge that emerges with data localisation. International Trade Relationships are vulnerable to data localisations where countries favour a free data flow. This can hamper foreign collaborations with companies that rely on global data systems.

CyberPeace Outlook

It is important to clear misinformation about data localisation, some strategies that can be undertaken are:

• Launching public awareness campaigns to educate the stakeholders about the real requirements and the benefits of data localisation. Misinformation about data restrictions and security guarantees should be tackled fairly quickly. 
• A balanced approach that promotes local economic development while at the same time allowing for the necessary cross-border data flows and creating a flexible and friendly business environment is important.
• India should work on international frameworks to streamline the process of data-sharing with other nations. This would protect national interests while making global cooperation easier.

Conclusion

Data localisation in India presents a valuable opportunity to enhance privacy, bolster national security, and stimulate economic growth through local infrastructure investment. Yet, addressing common misconceptions is crucial; the belief that all data must be stored domestically or that localisation alone ensures security is misleading. 

It’s vital to pair local data storage with robust cybersecurity measures and foster international cooperation. Supporting small businesses, which may face challenges due to localisation requirements, is equally important. By addressing misinformation, promoting flexible regulations, and working towards global data-sharing frameworks, India can effectively manage the complexities of data localisation, safeguarding national interests while encouraging innovation and economic development. 

References

• https://www.thehindu.com/sci-tech/technology/are-data-localisation-requirements-necessary-and-proportionate/article66131957.ece 
• https://carnegieendowment.org/research/2021/04/how-would-data-localization-benefit-india?lang=en
• https://www.rbi.org.in/commonperson/English/Scripts/FAQs.aspx?Id=2995
• https://www.meity.gov.in/writereaddata/files/Information%20Technology%20%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf 

Introduction

As per the National Crime Records Bureau (NCRB) ‘Cyber Crime In India Report 2022’, A total of 65,893 cases were registered under Cyber Crimes, showing an increase of 24.4% in registration in comparison to 52,974 cases registered in 2021. The crime rate increased from 3.9 in 2021 to 4.8 in 2022. During 2022, 64.8% of cyber-crime cases registered were for the motive of fraud (42,710 out of 65,893 cases), followed by Extortion with 5.5% (3,648 cases) and Sexual Exploitation with 5.2% (3,434 cases). The statistics released by NCRB show the increased rate of cyber crimes in the country, which poses a significant question of safety in the online world. The rise in cybercrime indicates a rise in emerging criminal groups with malicious intentions, creating new cybercrime hotspots in the country where these groups target and commit cyber crimes despite limited resources.

Cyber Crime Hotspots

Police have recently arrested several cyber criminals in a specific region, indicating that certain areas have become hotspots for cybercrime. Mewat region is one such hotspot indicating a growing trend of cybercrime operating from this area. The Mewat gang's modus operandi is quite different; Cybercriminals in Mewat scam mobile owners just using smartphones and SIM cards without kingpins and targeting mobile owners. The scammers also lure people through online marketplaces such as OLX, in which they pretend to sell possessions and then either physically lure victims to pick-up locations or scam them virtually. 

A study conducted by Future Crime Research Foundation and IIT Kanpur in 2023 has revealed that Jamatara city, once considered the cyber crime capital of India, is no longer the epicentre. The study found that 35 hotspots in India are actively involved in cybercrime activities. The top 10 cybercrime hotspots in India collectively account for 80% of cybercrime-related cases in India. These districts are strategically located near India's capital or closer to the National Capital Region (NCR). These districts are strategically placed with multiple borders, making them easy targets for criminals.  

Online financial fraud and social media-related crimes are the most common in India. Cybercriminals exploit data as a gold mine, using it to commit crimes. For instance, they can obtain banking and insurance data, use simple AI tools to cheat victims, and they can easily impersonate identities to lure innocent people. In cybercrime hotspots, sextortion is a modern way for cybercriminals to record and demand money. Loan app fraud, OLX fraud, and job fraud also originate from these specific regions.

Recommendations 

To counter the challenges posed by emerging cybercrime hubs, the following recommendations are to be considered: 

• Advanced threat Intelligence: The digital landscape is evolving, and the threat landscape is becoming more complex. AI's role in cybersecurity is becoming increasingly critical, both positively and negatively, as it helps in understanding and addressing advanced threats. AI is capable of proactive threat hunting, real-time anomaly detection, and swift incident response.
• Enhancing capabilities of Law Enforcement Agencies: Law enforcement agencies must be sensitised to advanced tools or techniques to investigate cyber crime cases effectively. The development and implementation of advanced forensic tools and technologies need to be utilised or implemented to keep up with the evolving tactics of cybercrime perpetrators. 
• Continuous Monitoring: Continuous cybersecurity monitoring is crucial for detecting anomalies and preventing cyber-attacks. It involves analysing systems and data to establish baseline security, identify deviations, and investigate potential threats. Cybersecurity experts use data observability tools, artificial intelligence, and machine learning to detect unexpected dataset changes.
• Cyber Security Awareness: Public awareness needs to be higher. Cybercrime prevention and cybersecurity is a shared responsibility of all of us by being aware of the threats and following the best practices. The frequent interaction between law enforcement and the public is necessary to raise awareness about safeguarding personal and financial information. Effective campaigns on cyber security are necessary to educate netizens.

Safety Tips for Netizens

Install up-to-date security software and firewalls on devices, use strong passwords for accounts, and regularly update software and applications. Be cautious when clicking on links or downloading files from unknown sources, and be cautious of your personal information.

Conclusion

The rise of Cyber Crime Hotspots in specific regions or districts has significantly exacerbated the issue of increasing cybercrime rates. In order to combat cybercrime more effectively, it is necessary for law enforcement agencies to strengthen their coordination between different states and to adapt advanced technology methods to counter cybercrime threats effectively. Moreover, educating netizens about cyber crime threats and providing best practices is an effective method to counter these threats, considered the first line of defense against cybercrime.

References

• https://ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf
• https://economictimes.indiatimes.com/tech/technology/no-kingpins-just-a-smartphone-and-sim-card-how-cybercriminals-in-mewat-scam-mobile-owners/articleshow/98062889.cms?from=mdr
• https://www.futurecrime.org/fcrf-cyber-crime-survey-2023
• https://timesofindia.indiatimes.com/city/mumbai/jamtara-loses-crown-as-new-remote-districts-rewrite-indias-cybercrime-map/articleshow/104475868.cms?from=mdr
• https://government.economictimes.indiatimes.com/news/secure-india/80-of-cyber-crimes-from-10-new-districts-iit-report/103921338
• https://www.dw.com/en/how-mewat-became-indias-new-hub-for-cyber-criminals/video-68674527
• https://www.indiatoday.in/from-india-today-magazine/story/into-cybercrime-hotspot-india-mewat-rajasthan-haryana-uttar-pradesh-2381545-2023-05-19
• https://frontline.thehindu.com/the-nation/spotlight-how-nuh-district-in-haryana-became-a-breeding-ground-for-cybercriminals/article67098193.ece
• https://www.opindia.com/2024/04/nuh-mewat-cyber-crime-haryana-police-crackdown/#google_vignette

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On the occasion of 20th edition of Safer Internet Day 2023, CyberPeace in collaboration with UNICEF, DELNET, NCERT, and The National Book Trust (NBT), India, took steps towards safer cyberspace by launching iSafe Multimedia Resources, CyberPeace TV, and CyberPeace Café in an event held today in Delhi.

CyberPeace also showcased its efforts, in partnership with UNICEF, to create a secure and peaceful online world through its Project iSafe, which aims to bridge the knowledge gap between emerging advancements in cybersecurity and first responders. Through Project iSafe, CyberPeace has successfully raised awareness among law enforcement agencies, education departments, and frontline workers across various fields. The event marked a significant milestone in the efforts of the foundation to create a secure and peaceful online environment for everyone.

Launching the Cyberpeace TV, café and isafe material , National Cybersecurity coordinator of Govt of India, Lt Gen Rajesh Pant interacts with the students by introducing them with the theme of this safer internet day. He launched the coword cyber challenge initiative by the countries. Content is most important in cyberspace. He also assured everyone that the government of India is taking a lot of steps at national level to make cyber space safer. He compliments CPF for their initiatives.

Ms. Zafrin Chaudhry, Chief of Communication, UNICEF addresses students with the facts that children make out 1 out of 3 in cyberspace, so they should have a safe cyberspace. They should be informed and equipped with all the information on how to deal with any kind of issues they face in cyberspace. They should share their experience with everyone to make others aware. UNICEF in partnership with CPF is extending help to children to equip them with the help and information.

Major Vineet Kumar, Founder and Global President of CPF welcomed all and introduced us about the launching of iSafe Multimedia Resources, CyberPeace TV, and CyberPeace Café . With this launch he threw some light on upcoming plans like launching a learning module of metaverse with AR and VR. He wants to make cyberspace safe even in tier 3 cities that’s why he established the first cybercafé in Ranchi.

As the internet plays a crucial role in our lives, CyberPeace has taken action to combat potential cyber threats. They introduced CyberPeace TV, the world’s first multilingual TV Channel on Jio TV focusing on Education and Entertainment, a comprehensive online platform that provides the latest in cybersecurity news, expert analysis, and a community for all stakeholders in the field. CyberPeace also launched its first CyberPeace Café for creators and innovators and released the iSafe Multimedia resource containing Flyers, Posters, E hand book and handbook on digital safety for children developed jointly by CyberPeace, UNICEF and NCERT for the public.

O.P. Singh, Former DGP, UP Police & CEO Kailash Satyarthi foundation, , started with the data of internet users in India. The Internet is used in day-to -day activities nowadays and primarily in social media. Students should have a channelized approach to cyberspace like fixed screen time, information to the right content, and usage of the internet. I really appreciate the initiates that CyberPeace is taking in this direction.

The celebration continued by iSafe Panel Discussion on “Creating Safer Cyberspace for Children.” The discussion was moderated by Dr. Sangeeta Kaul, Director of DELNET, and was attended by panellists Mr. Rakesh Maheshwari from MeitY(Ministry of electronics and information Technology, Govt. of India), Dr. Indu Kumar from CIET-NCERT, Ms. Bindu Sharma from ICMEC, and Major Vineet Kumar from CyberPeace.

The event was also graced by professional artists from the National School of Drama, who performed Nukkad Natak and Qawwali based on cyber security themes. Students from SRDAV school also entertained the audience with their performances. The attendees were also given a platform to share their experiences with online security issues, and ICT Awardees, Parents and iSafe Champions shared their insights with the guests. The event also had stalls by CyberPeace Corps, a Global volunteer initiative, and CIET-NCERT for students to explore and join the cause. The event’s highlight was the 360 Selfie Booth, where attendees lined up to have their turn.

Read more at: https://www.cxotoday.com/press-release/safer-internet-day-2023-cyberpeace-launch-isafe-multimedia-resources-cyberpeace-tv-and-cyberpeace-cafe/