#FactCheck -Viral Photo Misidentifies Woman With Education Minister as NEET Paper Leak Accused; Fact Check Finds Claim False

Introduction

India has been a nation where technology penetration has been a little slower in the previous decades; however, that has changed now. Cyberspace has influenced and touched every country and has significantly diminished the gap between developing nations, developed nations, and underdeveloped nations. This has also been substantiated and strengthened during the Covid-19 pandemic as the world went into lockdown and the cyberspace was the only medium of communication and information. India witnessed a rise of 61% in terms of internet users, and a significant part of this number represented rural India.

New Standards

These standards have been released in threefold aspects covering – Digital Television Receivers, USB Type-C chargers, and Video Surveillance Systems, thus streamlining the use of gadgets and reduction of e-waste for the country.

1. Digital Television Receivers

The Indian standard IS 18112:2022 specification for digital television, and this standard would enable reception of free-to-air TV and radio channels just by connecting a dish antenna with LNB mounted on a suitable area with good signal reception. This will help in the transmission of knowledge about government initiatives and schemes, the educational content of Doordarshan, and the repository of Indian cultural programs. Doordarshan is in the process of phasing out analog transmission, and free-to-air channels will continue to be broadcast using digital satellite transmission. The keen aspects of educational and awareness programs run by the Govt and CSOs will impact more Indians than before as the Ministry of Information and Broadcast intends to increase their free channels of Doordarshan from 55 to 200 by the end of this year, which shows the importance of developments in the mass media industry.

2. USB Type C

Standard (IS/IEC 62680-1-3:2022) for USB Type-C receptacles, plugs, and cables adopting the existing global standard IEC 62680-1-3:2022. This standard provides for the requirements for USB type C ports and cables for use in various electronic devices like laptops, mobile phones, and other gadgets. This standard is similar to the new European standard, which is also aimed at the reduction of carbon emissions and e-waste; this move will result in ease for the industry and the end users. This will also contribute towards the strengthening of the cyber security aspects and prevent threats like ‘Juice Jacking’ to a massive extent.

3. Video Surveillance System

IS 16190, this standard provides a detailed outline of the aspects of a video surveillance system, such as requirements for its components like camera devices, interfaces, system requirements, and tests to ascertain the camera’s image quality on different devices. This series of standards would assist customers, installers, and users in establishing their requirements and determining the appropriate equipment required for their intended application and also provide means of evaluating the performance of the VSS objectively. This will also help in the improvement of surveillance by the individuals, and this will also help in the better investigation by Law enforcement agencies and faster apprehension of criminals, thus contributing to an overall safe society.

The Advantages

These standards are in power with the Internationally prevalent standards, thus taking the safety factors to the global aspect. This will also allow the Indian industry to create world-class products which can be shared all across the globe. This will open India to various opportunities and job avenues, thus opening the world to invest in India. The aspect of Atma Nirbhar Bharat and Digital India will be strengthened to a new level as the nation will be able to deliver products in power with quality in developed countries. The end Indian consumer will benefit the most from these upgraded standards in terms of Digital Televisions, Type ‘C’ USB chargers, and Video surveillance systems, as these impacts the consumers’ daily activities in terms of security and access to information.

• Reduction in Carbon Emission
• Production of World Class components and devices
• Boost to the economy and Atmanirbhar Bharat
• New avenues and opportunities for startups and MSMEs
• Better transmission of Knowledge
• Boosting FDI
• Improved quality of products for the end consumer
• New innovation hubs and exposure to global talents

This government move simply shows how India is working toward securing the Sustainable development Goals (SDG) by United Nations. This clearly shares the message to the world that India is ready for the future and will also be a helping hand to various developing and underdeveloped nations in the times to come.

Conclusion

These standards will significantly contribute towards the reduction of E-Waste and unnecessary accessories for daily use gadgets. This strengthens the reduction in carbon emissions and thus contributes towards the perseverance of the environment and working towards sustainable development goals. Such standards will lead the future towards securing the netizens and their new and evolving digital habits. In the current phase of cyberspace, the most essential aspect of establishing Critical Infrastructure as the same will act as a shield against the threats of cyberspace.

Introduction

A bill requiring social media companies, providers of encrypted communications, and other online services to report drug activity on their platforms to the U.S. The Drug Enforcement Administration (DEA) advanced to the Senate floor, alarming privacy advocates who claim the legislation transforms businesses into de facto drug enforcement agents and exposes many of them to liability for providing end-to-end encryption.

‍Why is there a requirement for online companies to report drug activity?

The reason behind the bill is that there was a Kansas teenager died after unknowingly taking a fentanyl-laced pill he purchased on Snapchat. The bill requires social media companies and other web communication providers to provide the DEA with users’ names and other information when the companies have “actual knowledge” that illicit drugs are being distributed on their platforms.

There is an urgent need to look into this matter as platforms like Snapchat and Instagram are the constant applications that netizens use. If these kinds of apps promote the selling of drugs, then it will result in major drug-selling vehicles and become drug-selling platforms.

Threat to end to end encryption

End-to-end encryption has long been criticised by law enforcement for creating a “lawless space” that criminals, terrorists, and other bad actors can exploit for their illicit purposes. End- to end encryption is important for privacy, but it has been criticised as criminals also use it for bad purposes that result in cyber fraud and cybercrimes.

Cases of drug peddling on social media platforms  

It is very easy to get drugs on social media, just like calling an Uber. It is that simple to get the drugs. The survey discovered that access to illegal drugs is “staggering” on social media applications, which has contributed to the rising number of fentanyl overdoses, which has resulted in suicide, gun violence, and accidents.

According to another survey, drug dealers use slang, emoticons, QR codes, and disappearing messages to reach customers while avoiding content monitoring measures on social networking platforms. Drug dealers are frequently active on numerous social media platforms, advertising their products on Instagram while providing their WhatApps or Snapchat names for queries, making it difficult for law officials to crack down on the transactions.

There is a need for social media platforms to report these kinds of drug-selling activity on specific platforms to the Drug enforcement administration. The bill requires online companies to report drug cases going on websites, such as the above-mentioned Snapchat case. There are so many other cases where drug dealers sell the drug through Instagram, Snapchat etc. Usually, if Instagram blocks one account, they create another account for the drug selling. Just by only blocking the account does not help to stop drug trafficking on social media platforms.

Will this put the privacy of users at risk?

It is important to report the cybercrime activities of selling drugs on social media platforms. The companies will only detect the activity regarding the drugs which are being sold through social media platforms which are able to detect bad actors and cyber criminals. The detection will be on the particular activities on the applications where it is happening because the social media platforms lack regulations to govern them, and their convenience becomes the major vehicle for the drugs sale.

Conclusion

Social media companies are required to report these kinds of activities happening on their platforms immediately to the Drugs enforcement Administration so that the DEA will take the required steps instead of just blocking the account. Because just blocking does not stop these drug markets from happening online. There must be proper reporting for that. And there is a need for social media regulations. Social media platforms mostly influence people.

Introduction

Assisted Reproductive Technology (“ART”) refers to a diverse set of medical procedures designed to aid individuals or couples in achieving pregnancy when conventional methods are unsuccessful. This umbrella term encompasses various fertility treatments, including in vitro fertilization (IVF), intrauterine insemination (IUI), and gamete and embryo manipulation. ART procedures involve the manipulation of both male and female reproductive components to facilitate conception.

The dynamic landscape of data flows within the healthcare sector, notably in the realm of ART, demands a nuanced understanding of the complex interplay between privacy regulations and medical practices. In this context, the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011, play a pivotal role, designating health information as "sensitive personal data or information" and underscoring the importance of safeguarding individuals' privacy. This sensitivity is particularly pronounced in the ART sector, where an array of personal data, ranging from medical records to genetic information, is collected and processed. The recent Assisted Reproductive Technology (Regulation) Act, 2021, in conjunction with the Digital Personal Data Protection Act, 2023, establishes a framework for the regulation of ART clinics and banks, presenting a layered approach to data protection.

A note on data generated by ART

Data flows in any sector are scarcely uniform and often not easily classified under straight-jacket categories. Consequently, mapping and identifying data and its types become pivotal. It is believed that most data flows in the healthcare sector are highly sensitive and personal in nature, which may severely compromise the privacy and safety of an individual if breached. The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 (“SPDI Rules”) categorizes any information pertaining to physical, physiological, mental conditions or medical records and history as “sensitive personal data or information”; this definition is broad enough to encompass any data collected by any ART facility or equipment. These include any information collected during the screening of patients, pertaining to ovulation and menstrual cycles, follicle and sperm count, ultrasound results, blood work etc. It also includes pre-implantation genetic testing on embryos to detect any genetic abnormality. 

But data flows extend beyond mere medical procedures and technology. Health data also involves any medical procedures undertaken, the amount of medicine and drugs administered during any procedure, its resultant side effects, recovery etc. Any processing of the above-mentioned information, in turn, may generate more personal data points relating to an individual’s political affiliations, race, ethnicity, genetic data such as biometrics and DNA etc.; It is seen that different ethnicities and races react differently to the same/similar medication and have different propensities to genetic diseases. Further, it is to be noted that data is not only collected by professionals but also by intelligent equipment like AI which may be employed by any facility to render their service. Additionally, dissemination of information under exceptional circumstances (e.g. medical emergency) also affects how data may be classified. Considerations are further nuanced when the fundamental right to identity of a child conceived and born via ART may be in conflict with the fundamental right to privacy of a donor to remain anonymous. 

Intersection of Privacy laws and ART laws: 

In India, ART technology is regulated by the Assisted Reproductive Technology (Regulation) Act, 2021 (“ART Act”). With this, the Union aims to regulate and supervise assisted reproductive technology clinics and ART banks, prevent misuse and ensure safe and ethical practice of assisted reproductive technology services. When read with the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and other ancillary guidelines, the two legislations provide some framework regulations for the digital privacy of health-based apps.

The ART Act establishes a National Assisted Reproductive Technology and Surrogacy Registry (“National Registry”) which acts as a central database for all clinics and banks and their nature of services. The Act also establishes a National Assisted Reproductive Technology and Surrogacy Board (“National Board”)  under the Surrogacy Act to monitor the implementation of the act and advise the central government on policy matters. It also supervises the functioning of the National Registry, liaises with State Boards and curates a code of conduct for professionals working in ART clinics and banks. Under the DPDP Act, these bodies (i.e. National Board, State Board, ART clinics and banks) are most likely classified as data fiduciaries (primarily clinics and banks), data processors (these may include National Board and State boards) or an amalgamation of both (these include any appropriate authority established under the ART Act for investigation of complaints, suspend or cancellation of registration of clinics etc.) depending on the nature of work undertaken by them. If so classified, then the duties and liabilities of data fiduciaries and processors would necessarily apply to these bodies. As a result, all bodies would necessarily have to adopt Privacy Enhancing Technologies (PETs) and other organizational measures to ensure compliance with privacy laws in place. This may be considered one of the most critical considerations of any ART facility since any data collected by them would be sensitive personal data pertaining to health, regulated by the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 (“SPDI Rules 2011”). These rules provide for how sensitive personal data or information are to be collected, handled and processed by anyone.

The ART Act independently also provides for the duties of ART clinics and banks in the country. ART clinics and banks are required to inform the commissioning couple/woman of all procedures undertaken and all costs, risks, advantages, and side effects of their selected procedure. It mandatorily ensures that all information collected by such clinics and banks to not informed to anyone except the database established by the National Registry or in cases of medical emergency or on order of court. Data collected by clinics and banks (these include details on donor oocytes, sperm or embryos used or unused) are required to be detailed and must be submitted to the National Registry online. ART banks are also required to collect personal information of donors including name, Aadhar number, address and any other details. By mandating online submission, the ART Act is harmonized with the DPDP Act, which regulates all digital personal data and emphasises free, informed consent.

Conclusion

With the increase in active opt-ins for ART, data privacy becomes a vital consideration for all healthcare facilities and professionals. Safeguard measures are not only required on a corporate level but also on a governmental level. It is to be noted that in the 262 Session of the Rajya Sabha, the Ministry of Electronics and Information Technology reported 165 data breach incidents involving citizen data from January 2018 to October 2023 from the Central Identities Data Repository despite publicly denying. This discovery puts into question the safety and integrity of data that may be submitted to the National Registry database, especially given the type of data (both personal and sensitive information) it aims to collate. At present the ART Act is well supported by the DPDP Act. However, further judicial and legislative deliberations are required to effectively regulate and balance the interests of all stakeholders.

References

• The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011
• Caring for Intimate Data in Fertility Technologies https://dl.acm.org/doi/pdf/10.1145/3411764.3445132 
• Digital Personal Data Protection Act, 2023
• https://www.wolterskluwer.com/en/expert-insights/pharmacogenomics-and-race-can-heritage-affect-drug-disposition