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Introduction

With the increasing frequency and severity of cyber-attacks on critical sectors, the government of India has formulated the National Cyber Security Reference Framework (NCRF) 2023, aimed to address cybersecurity concerns in India. In today’s digital age, the security of critical sectors is paramount due to the ever-evolving landscape of cyber threats. Cybersecurity measures are crucial for protecting essential sectors such as banking, energy, healthcare, telecommunications, transportation, strategic enterprises, and government enterprises. This is an essential step towards safeguarding these critical sectors and preparing for the challenges they face in the face of cyber threats. Protecting critical sectors from cyber threats is an urgent priority that requires the development of robust cybersecurity practices and the implementation of effective measures to mitigate risks.

Overview of the National Cyber Security Policy 2013

The National Cyber Security Policy of 2013 was the first attempt to address cybersecurity concerns in India. However, it had several drawbacks that limited its effectiveness in mitigating cyber risks in the contemporary digital age. The policy’s outdated guidelines, insufficient prevention and response measures, and lack of legal implications hindered its ability to protect critical sectors adequately. Moreover, the policy should have kept up with the rapidly evolving cyber threat landscape and emerging technologies, leaving organisations vulnerable to new cyber-attacks. The 2013 policy failed to address the evolving nature of cyber threats, leaving organisations needing updated guidelines to combat new and sophisticated attacks.

As a result, an updated and more comprehensive policy, the National Cyber Security Reference Framework 2023, was necessary to address emerging challenges and provide strategic guidance for protecting critical sectors against cyber threats.

Highlights of NCRF 2023

• Strategic Guidance: NCRF 2023 has been developed to provide organisations with strategic guidance to address their cybersecurity concerns in a structured manner.
• Common but Differentiated Responsibility (CBDR): The policy is based on a CBDR approach, recognising that different organisations have varying levels of cybersecurity needs and responsibilities.
• Update of National Cyber Security Policy 2013: NCRF supersedes the National Cyber Security Policy 2013, which was due for an update to align with the evolving cyber threat landscape and emerging challenges.
• Different from CERT-In Directives: NCRF is distinct from the directives issued by the Indian Computer Emergency Response Team (CERT-In) published in April 2023. It provides a comprehensive framework rather than specific directives for reporting cyber incidents.
• Combination of robust strategies: National Cyber Security Reference Framework 2023 will provide strategic guidance, a revised structure, and a proactive approach to cybersecurity, enabling organisations to tackle the growing cyberattacks in India better and safeguard critical sectors.

Rising incidents of malware attacks on critical sectors

In recent years, there has been a significant increase in malware attacks targeting critical sectors. These sectors, including banking, energy, healthcare, telecommunications, transportation, strategic enterprises, and government enterprises, play a crucial role in the functioning of economies and the well-being of societies. The escalating incidents of malware attacks on these sectors have raised concerns about the security and resilience of critical infrastructure.

• Banking: The banking sector handles sensitive financial data and is a prime target for cybercriminals due to the potential for financial fraud and theft.
• Energy: The energy sector, including power grids and oil companies, is critical for the functioning of economies, and disruptions can have severe consequences for national security and public safety.
• Healthcare: The healthcare sector holds valuable patient data, and cyber-attacks can compromise patient privacy and disrupt healthcare services. Malware attacks on healthcare organisations can result in the theft of patient records, ransomware incidents that cripple healthcare operations, and compromise medical devices.
• Telecommunications: Telecommunications infrastructure is vital for reliable communication, and attacks targeting this sector can lead to communication disruptions and compromise the privacy of transmitted data. The interconnectedness of telecommunications networks globally presents opportunities for cybercriminals to launch large-scale attacks, such as Distributed Denial-of-Service (DDoS) attacks.
• Transportation: Malware attacks on transportation systems can lead to service disruptions, compromise control systems, and pose safety risks.
• Strategic Enterprises: Strategic enterprises, including defence, aerospace, intelligence agencies, and other sectors vital to national security, face sophisticated malware attacks with potentially severe consequences. Cyber adversaries target these enterprises to gain unauthorised access to classified information, compromise critical infrastructure, or sabotage national security operations.
• Government Enterprises: Government organisations hold a vast amount of sensitive data and provide essential services to citizens, making them targets for data breaches and attacks that can disrupt critical services.

Conclusion  

The sectors of banking, energy, healthcare, telecommunications, transportation, strategic enterprises, and government enterprises face unique vulnerabilities and challenges in the face of cyber-attacks. By recognising the significance of safeguarding these sectors, we can emphasise the need for proactive cybersecurity measures and collaborative efforts between public and private entities. Strengthening regulatory frameworks, sharing threat intelligence, and adopting best practices are essential to ensure our critical infrastructure’s resilience and security. Through these concerted efforts, we can create a safer digital environment for these sectors, protecting vital services and preserving the integrity of our economy and society. The rising incidents of malware attacks on critical sectors emphasise the urgent need for updated cybersecurity policy, enhanced cybersecurity measures, a collaboration between public and private entities, and the development of proactive defence strategies. National Cyber Security Reference Framework 2023 will help in addressing the evolving cyber threat landscape, protect critical sectors, fill the gaps in sector-specific best practices, promote collaboration, establish a regulatory framework, and address the challenges posed by emerging technologies. By providing strategic guidance, this framework will enhance organisations’ cybersecurity posture and ensure the protection of critical infrastructure in an increasingly digitised world.

Introduction

The advent of Electronic Vehicles (EVs) represents a transformative leap towards a more sustainable and environmentally conscious transportation future by nations. However, as these vehicles become increasingly connected and reliant on advanced technological systems, a parallel concern emerges—data privacy. Integrating sophisticated technologies in EVs, such as GPS tracking, biometric authentication, and in-car connectivity, raises substantial questions about the collection, storage, and potential misuse of sensitive personal information. This intersection of automotive innovation and data privacy underscores the need for comprehensive solutions and regulatory frameworks to ensure that the benefits of electric vehicles are realised without compromising the privacy and security of their users.

Electronic vehicles primarily record three types of data;

1. Driving behaviour and patterns: The e-vehicle records braking and driving patterns, including acceleration, speed, and swerve. Some vehicles even track air conditioning usage and airbag deployment to determine the point of failure in the event of a crash.
2. Location data: The e-vehicles also track GPS systems to gauge the speed and direction of the vehicle.
3. EV functions and use of telematic services: Monitoring of EV functions includes battery use management, battery charging history, battery deterioration, electrical system functions and software version information.

Data Privacy requirements of companies

Companies manufacturing e-vehicles are saddled with several data privacy requirements as concerns about consumer safety. Data collected by e-vehicles may be sensitive in nature. Location tracking is a key issue that has garnered attention. The constant recording of a driver's whereabouts can lead to the creation of detailed profiles, raising questions about the potential misuse or unauthorised access to this sensitive information. The risk of surveillance, stalking, or even theft of valuable personal data is a genuine concern for EV owners.

Moreover, integrating smart features, such as voice recognition, biometric authentication, and in-car personal assistants, adds another layer of complexity. These features require the collection and processing of personal data. If not handled securely, they may become vulnerable to hacking or unauthorised access, leading to identity theft or other malicious activities. Additionally, Smart charging systems offer convenience by allowing remote monitoring and control of charging, but they also gather extensive data. The geographical data collected during charging may raise concerns about location privacy.

Striking a delicate balance between leveraging this data for enhancing vehicle performance and user experience while safeguarding the privacy of EV owners is paramount. Transparent privacy policies, secure data storage practices, and stringent encryption protocols are essential components of a comprehensive approach to data protection. If a company is eyeing the international market or utilising cloud-based software with decentralised global data storage, it must also navigate international privacy and data protection laws. A prime example is the General Data Protection Regulation (GDPR), a globally recognised and stringent data protection law applicable to both European-based companies and international entities providing goods, services, or monitoring activities of residents within Europe. 

Manufacturers of these vehicles are subjected to compliance with this comprehensive legal framework. Obligations on companies are levied by them being data fiduciaries; dual liability may also emanate since some data fiduciaries may also qualify as data processors. Special care must be taken when data is being transferred to third parties. 

Further, compliance with consumer safety laws is also an important consideration. In India, the Consumer Protection Act of 2019 safeguards the rights of consumers, holding manufacturers, sellers, and service providers responsible for any harm resulting from faulty or defective products. This extends the Act's coverage to include manufacturers and sellers of internet and technology-based products. When read with the Digital Personal Data Protection Act of 2023 (DPDP Act), the Consumer Protection Act of 2019 takes on additional significance. The DPDP Act, focusing on the security of an individual's digital personal data, introduces provisions such as mandatory consent, purpose limitation, data minimisation, obligatory security measures by organisations, data localisation, and enforcing accountability and compliance. These provisions apply to information generated by and for consumers, offering a comprehensive framework for protecting digital personal data.

Conclusion

The intersection of e-vehicles and data privacy necessitates a careful and comprehensive approach to ensure the coexistence of automotive innovation and user security. As electric vehicles record intricate data related to driving behaviour, location, and telematic services, companies manufacturing these vehicles must navigate a complex landscape of data privacy requirements. The potential risks associated with location tracking, smart features, and the extensive data collected during charging underscore the importance of transparent privacy policies, secure data storage practices, and stringent encryption protocols. Moreover, as companies expand globally, compliance with international privacy laws like the GDPR becomes imperative. Balancing the enhancement of vehicle performance and user experience with the safeguarding of privacy is paramount. Manufacturers, deemed as data fiduciaries, must exercise diligence, especially when transferring data to third parties. Additionally, adherence to consumer safety laws, such as the Consumer Protection Act of 2019, further emphasises the need for a holistic and vigilant approach to ensure the responsible use of data in the evolving landscape of e-vehicles.

References

• https://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=1556&context=chtlj 
• https://cyberswitching.com/electric-car-charging-and-data-privacy/#:~:text=Smart%20charging%20systems%20provide%20convenience,in%20safeguarding%20EV%20user%20privacy

Introduction

As e-sports flourish in India, mobile gaming platforms and apps have contributed massively to this boom. The wave of online mobile gaming has led to a new recognition of esports. As we see the Sports Ministry being very proactive for e-sports and e-athletes, it is pertinent to ensure that we do not compromise our cyber security for the sake of these games. When we talk about online mobile gaming, the most common names that come to our minds are PUBG and BGMI. As news for all Indian gamers, BGMI is set to be relaunched in India after approval from the Ministry of Electronics and Information Technology.

Why was BGMI banned?

The Govt banned Battle Ground Mobile India on the pretext of being a Chinese application and the fact that all the data was hosted in China itself. This caused a cascade of compliance and user safety issues as the Data was stored outside India. Since 2020 The Indian Govt has been proactive in banning Chinese applications, which might have an adverse effect on national security and Indian citizens. Nearly 200 plus applications have been banned by the Govt, and most of them were banned due to their data hubs being in China. The issue of cross-border data flow has been a key issue in Geo-Politics, and whoever hosts the data virtually owns it as well and under the potential threat of this fact, all apps hosting their data in China were banned.

Why is BGMI coming back?

BGMI was banned for not hosting data in India, and since the ban, the Krafton Inc.-owned game has been engaging in Idnai to set up data banks and servers to have a separate gaming server for Indian players. These moves will lead to a safe gaming ecosystem and result in better adherence to the laws and policies of the land. The developers have not declared a relaunch date yet, but the game is expected to be available for download for iOS and Android users in the coming few days. The game will be back on app stores as a letter from the Ministry of Electronics and Information Technology has been issued stating that the games be allowed and made available for download on the respective app stores.

Grounds for BGMI

BGMI has to ensure that they comply with all the laws, policies and guidelines in India and have to show the same to the Ministry to get an extension on approval. The game has been permitted for only 90 days (3 Months). Hon’ble MoS Meity Rajeev Chandrashekhar stated in a tweet   “This is a 3-month trial approval of #BGMI after it has complied with issues of server locations and data security etc. We will keep a close watch on other issues of User harm, Addiction etc., in the next 3 months before a final decision is taken”. This clearly shows the magnitude of the bans on Chinese apps. The ministry and the Govt will not play the soft game now, it’s all about compliance and safeguarding the user’s data.

Way Forward

This move will play a significant role in the future, not only for gaming companies but also for other online industries, to ensure compliance. This move will act as a precedent for the issue of cross-border data flow and the advantages of data localisation. It will go a long way in advocacy for the betterment of the Indian cyber ecosystem. Meity alone cannot safeguard the space completely, it is a shared responsibility of the Govt, industry and netizens.

Conclusion

The advent of online mobile gaming has taken the nation by storm, and thus, being safe and secure in this ecosystem is paramount. The provisional permission form BGMI shows the stance of the Govt and how it is following the no-tolerance policy for noncompliance with laws. The latest policies and bills, like the Digital India Act, Digital Personal Data Protection Act, etc., will go a long way in securing the interests and rights of the Indian netizen and will create a blanket of safety and prevention of issues and threats in the future.