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Biological data includes biometric information such as fingerprints, facial recognition, DNA sequences, and behavioral traits. Genetic data can be extracted from an individual’s remains long after their death and can continue to identify both that individual and an expanding pool of their living relatives. This persistent identification can significantly reduce privacy over time, revealing genetic characteristics and familial relationships across successive generations.

Key Developments in Privacy Protection for Biological Data:

Legal texts have been created relating to personal data protection and privacy broadly, and can sometimes prove to be poor adaptations specifically for ‘biometric data’ and its safety. Some examples are mentioned below:

1. EU and UK- GDPR

GDPR focuses primarily on biometrics in Biological Data while deciphering the technology's immense potential. The EU describes “personal data” under the General Data Protection Regulation (GDPR) including any identifiable information about a particular person. For example, this can include names, identification numbers, location data, and other structured and unstructured data. In addition, the GDPR has more specific requirements around processing sensitive or “special categories of personal data.” These “special categories” include things like genetic and biometric data. For biometric security to work well, citizens' rights must be protected appropriately, and the data collected by private and public concerns must be managed carefully and sensibly. 

2. USA

California Consumer Privacy Act (CCPA) grants Californian consumers the right to protect their personal information and biometric data including the right to disclosure or access, the right to be forgotten, and data portability. The sale of personal information and the option of opt-out is also given to consumers. Additionally, it contains the right to take legal action, with penalties imposed for violations.

The California Privacy Rights Act was passed on November 3, 2020, and took effect on January 1, 2023, with a lookback period starting January 1, 2022. It introduces sensitive personal information which includes biometric data and other sensitive details. 

Virginia's Consumer Data Protection Act, effective from January 1, 2023, designates genetic and biometric data as sensitive data that must be protected.

Illinois' Biometric Information Privacy Act is recognised as the most robust biometric privacy law in the United States. The significance of the Rosenbach v. Six Flags case lies in the Illinois Supreme Court's ruling that a plaintiff does not need to demonstrate additional harm to impose penalties on a BIPA violator. A mere loss of statutory biometric privacy rights is sufficient to warrant penalties.

3. India

As per Rule 2(1)(b) of the SPDI Rules, Sensitive Personal Data or Information, including biometric data is included under its meaning. The term ‘biometric data’ has not been defined in the Digital Personal Data Protection Act, 2023. The need for data privacy under the DPDP Act emerges only if such data is subsequently digitised under extraction and manipulation, including notice and consent requirements and penalties. 

The Biotech-PRIDE (Promotion of Research and Innovation through Data Exchange) Guidelines of 2021 are aimed at fostering an exchange of information which would thereby enhance research and innovation among various research groups nationwide. These guidelines do not deal with the generation of biological data but are a mechanism to share and exchange information and knowledge generated according to existing laws, rules, regulations and norms of the country. They will ensure data-sharing benefits, maximise use, avoid duplication, maximise integration, ownership of information, better decision-making and equity of access

How is Biological Data vulnerable?

• Biological data is often immutable, meaning it cannot be altered once compromised. Unlike other authentications that can be changed, compromised biometric data poses a permanent risk, making its protection paramount.
• The use of facial recognition technology by law enforcement agencies and the creation of databases by the same also highlights the urgent need for stringent privacy protections.
• Advances in technology, particularly AI and ML, make it easier to collect, analyse, and utilise biometric data by manipulating biometric data. This in turn is leading to new forms of identity theft and fraud that make it necessary to enhance security measures and ethical considerations to prevent abuse.
• Cross-border data transfers raise serious privacy concerns, especially as countries have varying levels and standards of data protection. 
• Wearable health-related biometric devices lack the required privacy protections which ends up making the data they collect vulnerable to misuse and breaches.

Future Outlook

With the growing use of biological data, there is likely to be increased pressure on regulatory bodies to strengthen privacy protections. This necessitates a need for enhanced security measures to protect users' identities and further prevent any form of unauthorised access. Future developments should be aimed at including strict consent requirements, and enhanced data security measures, especially for wearable devices. A new legal framework specifically designed to address the challenges posed by biometric data would be welcome. Biological data protection is an emerging need in the digital environment that we live in today.

References

• https://www.cnbc.com/2024/08/17/new-privacy-battle-is-underway-as-tech-gadgets-capture-our-brain-waves.html 
• https://www.snrlaw.in/sense-and-sensitivity-sensitive-information-under-indias-new-data-regime/ 
• https://www.thalesgroup.com/en/markets/digital-identity-and-security/government/biometrics/biometric-data‍
• https://www.business-standard.com/article/economy-policy/govt-releases-guideline-to-provide-framework-for-sharing-of-biological-data-121073001467_1.html

Introduction

The Online Lottery Scam involves a scammer reaching out through email, phone or SMS to inform you that you have won a significant amount of money in a lottery, instructing you to contact an agent at a specific phone number or email address that actually belongs to the fraudster. Once the agent is reached out to, the recipient will need to cover processing charges in order to claim the lottery reward. Upfront Paying is required in order to receive your reward. However, actual rewards come at no cost. Additionally, such defective 'offers’ often contain phishing attacks, tricking users into clicking on malicious links.  

Modus Operandi

The common lottery fraud starts with a message stating that the receiver has won a large lottery prize. These messages are frequently crafted to imitate official correspondence from reputable institutions, sweepstakes, or foreign administrations. The scammers request the receiver to give personal information like name, address, and banking details, or to make a payment for taxes, processing fees, or legal procedures. After the victim sends the money or discloses their personal details, the scammers may vanish or persist in requesting more payments for different reasons.

Tactics and Psychological Manipulation

These fraudulent techniques mostly rely on psychological manipulation to work. Fraudsters by persuading the victims create the fake sense of emergency that they must act quickly in order to get the lottery prize. Additionally, they prey on people's hopes for a better life by convincing them that this unanticipated gain has the power to change their destiny. Many people fall prey to the scam because they are driven by the desire to get wealthy and fail to recognize the warning indications. Additionally, fraudsters frequently use convincing language and fictitious documentation that appears authentic, hence users need to be extra cautious and recognise the early signs of such online fraudulent activities.

Festive Season and Uptick in Deceptive Online Scams

As the festive season begins, there is a surge in deceptive online scams that aim at targeting innocent internet users. A few examples of such scams include, free Navratri garba passes, quiz participation opportunities, coupons offering freebies, fake offers of cheap jewellery, counterfeit product sales, festival lotteries, fake lucky draws and charity appeals. Most of these scams are targeted to lure the victims for financial gain.

In 2023, CyberPeace released a research report on the Navratri festivities scam where we highlighted the ‘Tanishq iPhone 15 Gift’ scam which involved fraudsters posing as Tanishq, a well-known jewellery brand, and offering fake iPhone 15 as Navratri gifts. Victims were lured into clicking on malicious links. CyberPeace issued a detailed advisory within the report, highlighting that the public must exercise vigilance, scrutinise the legitimacy of such offers, and take precautionary measures to shield themselves from falling prey to such deceptive cyber schemes.

Preventive Measures for Lottery Scams

To avoid lottery scams ,users should avoid responding to messages or calls about fake lottery wins, verify the source of the lottery, maintain confidentiality by not sharing sensitive personal details, approach unexpected windfalls with scepticism, avoid upfront payment requests, and recognize manipulative tactics by scammers. Ignoring messages or calls about fake lottery wins is a smart move. Verifying the source and asking probing questions is also crucial. Users are also advisednot to click on such unsolicited links of lottery prizes received in emails or messages as such links can be phishing attempts. These best practices can help protect the victims against scammers who pressurise victims to act quickly that led them to fall prey to such scams.

Must-Know Tips to Prevent Lottery Scams

●     It is advised to steer clear of any communication that offers lotteries or giveaways, as these are often perceived as too good to be true.

●     It is advised to refrain from transferring money to individuals/entities who are unknown without verifying their identity and credibility.

●     If you have already given the fraudsters your bank account details, it is crucial to alert your bank immediately.

●     Report any such incidents on the National Cyber Crime Reporting Portal at cybercrime.gov.in or Cyber Crime Helpline Number 1930.

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Introduction

In the digital realm of social media, Meta Platforms, the driving force behind Facebook and Instagram, faces intense scrutiny following The Wall Street Journal's investigative report. This exploration delves deeper into critical issues surrounding child safety on these widespread platforms, unravelling algorithmic intricacies, enforcement dilemmas, and the ethical maze surrounding monetisation features. Instances of "parent-managed minor accounts" leveraging Meta's subscription tools to monetise content featuring young individuals have raised eyebrows. While skirting the line of legality, this practice prompts concerns due to its potential appeal to adults and the associated inappropriate interactions. It's a nuanced issue demanding nuanced solutions.

Failed Algorithms 

The very heartbeat of Meta's digital ecosystem, its algorithms, has come under intense scrutiny. These algorithms, designed to curate and deliver content, were found to actively promoting accounts featuring explicit content to users with known pedophilic interests. The revelation sparks a crucial conversation about the ethical responsibilities tied to the algorithms shaping our digital experiences. Striking the right balance between personalised content delivery and safeguarding users is a delicate task.

While algorithms play a pivotal role in tailoring content to users' preferences, Meta needs to reevaluate the algorithms to ensure they don't inadvertently promote inappropriate content. Stricter checks and balances within the algorithmic framework can help prevent the inadvertent amplification of content that may exploit or endanger minors.

Major Enforcement Challenges

Meta's enforcement challenges have come to light as previously banned parent-run accounts resurrect, gaining official verification and accumulating large followings. The struggle to remove associated backup profiles adds layers to concerns about the effectiveness of Meta's enforcement mechanisms. It underscores the need for a robust system capable of swift and thorough actions against policy violators.

To enhance enforcement mechanisms, Meta should invest in advanced content detection tools and employ a dedicated team for consistent monitoring. This proactive approach can mitigate the risks associated with inappropriate content and reinforce a safer online environment for all users.

The financial dynamics of Meta's ecosystem expose concerns about the exploitation of videos that are eligible for cash gifts from followers. The decision to expand the subscription feature before implementing adequate safety measures poses ethical questions. Prioritising financial gains over user safety risks tarnishing the platform's reputation and trustworthiness. A re-evaluation of this strategy is crucial for maintaining a healthy and secure online environment.

To address safety concerns tied to monetisation features, Meta should consider implementing stricter eligibility criteria for content creators. Verifying the legitimacy and appropriateness of content before allowing it to be monetised can act as a preventive measure against the exploitation of the system.

Meta's Response 

In the aftermath of the revelations, Meta's spokesperson, Andy Stone, took centre stage to defend the company's actions. Stone emphasised ongoing efforts to enhance safety measures, asserting Meta's commitment to rectifying the situation. However, critics argue that Meta's response lacks the decisive actions required to align with industry standards observed on other platforms. The debate continues over the delicate balance between user safety and the pursuit of financial gain. A more transparent and accountable approach to addressing these concerns is imperative.

To rebuild trust and credibility, Meta needs to implement concrete and visible changes. This includes transparent communication about the steps taken to address the identified issues, continuous updates on progress, and a commitment to a user-centric approach that prioritises safety over financial interests.

The formation of a task force in June 2023 was a commendable step to tackle child sexualisation on the platform. However, the effectiveness of these efforts remains limited. Persistent challenges in detecting and preventing potential child safety hazards underscore the need for continuous improvement. Legislative scrutiny adds an extra layer of pressure, emphasising the urgency for Meta to enhance its strategies for user protection.

To overcome ongoing challenges, Meta should collaborate with external child safety organisations, experts, and regulators. Open dialogues and partnerships can provide valuable insights and recommendations, fostering a collaborative approach to creating a safer online environment.

Drawing a parallel with competitors such as Patreon and OnlyFans reveals stark differences in child safety practices. While Meta grapples with its challenges, these platforms maintain stringent policies against certain content involving minors. This comparison underscores the need for universal industry standards to safeguard minors effectively. Collaborative efforts within the industry to establish and adhere to such standards can contribute to a safer digital environment for all.

To align with industry standards, Meta should actively participate in cross-industry collaborations and adopt best practices from platforms with successful child safety measures. This collaborative approach ensures a unified effort to protect users across various digital platforms.

Conclusion

Navigating the intricate landscape of child safety concerns on Meta Platforms demands a nuanced and comprehensive approach. The identified algorithmic failures, enforcement challenges, and controversies surrounding monetisation features underscore the urgency for Meta to reassess and fortify its commitment to being a responsible digital space. As the platform faces this critical examination, it has an opportunity to not only rectify the existing issues but to set a precedent for ethical and secure social media engagement.

This comprehensive exploration aims not only to shed light on the existing issues but also to provide a roadmap for Meta Platforms to evolve into a safer and more responsible digital space. The responsibility lies not just in acknowledging shortcomings but in actively working towards solutions that prioritise the well-being of its users.

References

• https://timesofindia.indiatimes.com/gadgets-news/instagram-facebook-prioritised-money-over-child-safety-claims-report/articleshow/107952778.cms
• https://www.adweek.com/blognetwork/meta-staff-found-instagram-tool-enabled-child-exploitation-the-company-pressed-ahead-anyway/107604/
• https://www.tbsnews.net/tech/meta-staff-found-instagram-subscription-tool-facilitated-child-exploitation-yet-company

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