#FactCheck – Elephant Falls From Truck? No, This Elephant Fall Video Is AI-Manipulated

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.

Executive Summary:

A viral video has circulated on social media, wrongly showing lawbreakers surrendering to the Indian Army. However, the verification performed shows that the video is of a group surrendering to the Bangladesh Army and is not related to India. The claim that it is related to the Indian Army is false and misleading. 

Claims:

A viral video falsely claims that a group of lawbreakers is surrendering to the Indian Army, linking the footage to recent events in India.

Fact Check:

Upon receiving the viral posts, we analysed the keyframes of the video through Google Lens search. The search directed us to credible news sources in Bangladesh, which confirmed that the video was filmed during a surrender event involving criminals in Bangladesh, not India.

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We further verified the video by cross-referencing it with official military and news reports from India. None of the sources supported the claim that the video involved the Indian Army.  Instead, the video was linked to another similar Bangladesh Media covering the news.

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No evidence was found in any credible Indian news media outlets that covered the video. The viral video was clearly taken out of context and misrepresented to mislead viewers.

Conclusion:

The viral video claiming to show lawbreakers surrendering to the Indian Army is footage from Bangladesh. The CyberPeace Research Team confirms that the video is falsely attributed to India, misleading the claim.

• Claim: The video shows miscreants surrendering to the Indian Army.  
• Claimed on: Facebook, X, YouTube
• Fact Check: False & Misleading

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Introduction

The Indian government has developed the National Cybersecurity Reference Framework (NCRF) to provide an implementable measure for cybersecurity, based on existing legislations, policies, and guidelines. The National Critical Information Infrastructure Protection Centre is responsible for the framework. The government is expected to recommend enterprises, particularly those in critical sectors like banking, telecom, and energy, to use only security products and services developed in India. The NCRF aims to ensure that cybersecurity is protected and that the use of made-in-India products is encouraged to safeguard cyber infrastructure. The Centre is expected to emphasise the significant progress in developing indigenous cybersecurity products and solutions.

National Cybersecurity Reference Framework (NCRF)

The Indian government has developed the National Cybersecurity Reference Framework (NCRF), a guideline that sets the standard for cybersecurity in India. The framework focuses on critical sectors and provides guidelines to help organisations develop strong cybersecurity systems. It can serve as a template for critical sector entities to develop their own governance and management systems. The government has identified telecom, power, transportation, finance, strategic entities, government entities, and health as critical sectors.

The NCRF is non-binding in nature, meaning its recommendations will not be binding. It recommends enterprises allocate at least 10% of their total IT budget towards cybersecurity, with monitoring by top-level management or the board of directors. The framework may suggest that national nodal agencies evolve platforms and processes for machine-processing data from different sources to ensure proper audits and rate auditors based on performance.

Regulators overseeing critical sectors may have greater powers to set rules for information security and define information security requirements to ensure proper audits. They also need an effective Information Security Management System (ISMS) instance to access sensitive data and deficiencies related to operations in the critical sector. The policy is based on a Common but Differentiated Responsibility (CBDR) approach, recognising that different organisations have varying levels of cybersecurity needs and responsibilities.

India faces a barrage of cybersecurity-related incidents, such as the high-profile attack on AIIMS Delhi in 2022. Many ministries feel hamstrung by the lack of an overarching framework on cybersecurity when formulating sector-specific legislation. In recent years, threat actors backed by nation-states and organised cyber-criminal groups have attempted to target the critical information infrastructure (CII) of the government and enterprises. The current guiding framework on cybersecurity for critical infrastructure in India comes from the National Cybersecurity Policy of 2013. From 2013 to 2023, the world has evolved significantly due to the emergence of new threats necessitating the development of new strategies.

Significance in the realm of Critical Infrastructure  

India faces numerous cybersecurity incidents due to a lack of a comprehensive framework.  Critical Information Infrastructure like banking, energy, healthcare, telecommunications, transportation, strategic enterprises, and government enterprises are most targeted by threat actors, including nation-states and cybercriminals. These critical information sectors especially by their vary nature as they hold sensitive data make them prime targets for cyber threats and attacks. Cyber-attacks can compromise patient privacy, disrupt services, compromise control systems, pose safety risks, and disrupt critical services. Hence it is of paramount importance to come up with NCRF which can potentially address the emerging issues by providing sector-specific guidelines.

The Indian government is considering promoting the use of made-in-India products to enhance Cyber Infrastructure

India is preparing to recommend the use of domestically developed cybersecurity products and services, particularly for critical sectors like banking, telecom, and energy, to enhance national security in the face of escalating cybersecurity threats. The initiative aims to enhance national security in response to increasing cybersecurity threats.

Conclusion

Promoting locally made cybersecurity products and services in important industries shows India's commitment to strengthening national security. A step of coming up with the National Cybersecurity Reference Framework (NCRF) which outlines duties, responsibilities, and recommendations for organisations and regulators shows the critical step towards a comprehensive cybersecurity policy framework which is a need of the hour. The government underscoring made-in-India solutions and allocating cybersecurity resources underlines its determination to protect the country's cyber infrastructure in light of increasing cyber threats & attacks.  The NCRF is expected to help draft sector-specific guidelines on cyber security.

References

• https://indianexpress.com/article/business/market/overhaul-of-cybersecurity-framework-to-safeguard-cyber-infra-govt-may-push-use-of-made-in-india-products-9133687/
• https://vajiramandravi.com/upsc-daily-current-affairs/mains-articles/national-cybersecurity-reference-framework-ncrf/
• https://m.toppersnotes.com/current-affairs/blog/to-push-cyber-infra-govt-may-push-use-of-made-in-india-products-DxQP
• https://appkida.in/overhaul-of-cybersecurity-framework-in-2024/

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