#FactCheck: Viral Fake Post Claims Central Government Offers Unemployment Allowance Under ‘PM Berojgari Bhatta Yojna’

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 The policy’s outdated guidelines, insufficient prevention and response measures, and lack of legal implications hindered its ability to protect critical sectors adequately.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

In today's relentless current of information, where social media is oftentimes both the stage and the playwright, the line between reality and spectacle can become distressingly blurry. In such a virtual Pantheon, the conflation of truth and fiction has recently surfaced in a particularly contentious instance. The central figure is Poonam Pandey, an entertainment personality known for transgressing traditional contours of celebrity boldness. Pandey found herself ensnared in a narrative of her own orchestration—a grim hoax purporting she had succumbed to cervical cancer. This deceptive foray, rather than awakening public consciousness as intended, spiralled into an ominous fable about the malignant spread of misinformation and the profound moral dilemmas it engenders.

The Deception

The tapestry of this event was woven with threads of tragedy and deception, framing Pandey both as the tragic hero and the ill-fated architect of a spectacle that unfolded with a haunting familiarity evocative of ancient Greek dramas. The monumental pillar of social media, on what seemed to be an ordinary day, was shattered by the startling declaration of Pandey's untimely passing. The statement, as bereft of nuance as it was devastating, proclaimed: 'We are deeply grieved to announce the loss of our cherished Poonam to cervical cancer.' The emotional pulse of the Indian Film Industry was jolted; waves of homage inundated the digital space, each tribute a poignant echo of the shock that rippled through her fanbase. Yet the crux of the matter had yet to be unveiled.

As the world grappled with this news, the scenario took an unforeseen detour. Poonam Pandey made a re-entrance onto the world stage, alive, revealing her alleged demise to be nothing more than a macabre masquerade. The public's reaction to this revelation was a stratified symphony of emotions—indignation mingled with disbelief, with an underlying crescendo of betrayal. Pandey's defense postured her act as a last resort to draw attention to the silent yet pervasive threat of cervical cancer. In the ensuing mire of reactions, an inescapable quandary emerged: is it ever permissible to employ deceit for the sake of presumed publicity?

The Chaos 

Satyajeet Tambe, an esteemed Maharashtra legislator, emerged amidst the churning chaos as a paragon of principled reason. Advocating that such mendacious stunts, playing the chords of public emotion and adulterating truth, should be met with legal repercussions, Tambe called for judicious action against Pandey. His imploration resonated with the necessity of integrity in the public domain, stating, 'The announcement of an influencer/model succumbing to cervical cancer should not be wielded as a tool for awareness.' His pronouncement sent reverberations through the collective conscience, echoing the need for accountability in the face of such transgressions.

Repercussion 

The All Indian Cine Workers Association, a custodian of the film industry's values, also voiced its reproach. They urged for an FIR to be lodged against Poonam Pandey, underlining their sentiments with disappointment and a keen sense of betrayal. Within their condemnation lay a profound recognition of the elevated emotional investment inherent in their industry—an industry where the reverence for life and the abhorrence of deceit intertwine, making the cultivation of such lowly stunts anathema.

This spectacle, while unique in the temerity of its execution, mirrors the broader pathological wave of misinformation that corrodes the foundations of our digital era: the malady of fake news. When delineated, fake news finds its essence as information chiselled specifically to deceive, a form of communication that is not merely slanted but entirely devoid of authenticity, manufactured with nefarious intent. A protean adversary, fake news adeptly masquerades as trustworthy news, ensnaring the unsuspecting in its tendrils. Its purveyors span a spectrum—from shadowy figures to ostensibly benign social media accounts—all contributing to a dystopian fabric where truth is persistently imperilled.

The conjurers of these illusions are, in a sense, cunning illusionists ensconced behind curtains of anonymity or masquerading under a cloak of transparency. They craft elaborate illusions devoid of truth, but dripping with sufficient plausibility to ensnare those who yearn for simplicity in an increasingly complex world. Destabilizing forces, such as hyper partisan media outlets, regurgitate a concoction of concocted 'facts' and distortions, deliberately smudging the once-clear line between empirical truth and partisan fabrication.

The Aftermath 

The Poonam Pandey episode stands as a harrowing beacon of the ethical abyss we face. It compels us to confront the irony of utilising falsity to raise awareness for laudable causes and considers the ramifications for public figures influencing the dissemination of information. The tempest around this event demonstrates the potent gravitational pull of information and the overarching need for the conscientious stewardship of its power.

Yet, as we sail through the murky waters of the digital expanse, where the allure of sensationalism and clickbait headlines is ever-present, our vigilance must not wane. The imperative of truth cannot come at the altar of awareness or sensationalism. The sanctity of fact anchors our understanding of reality; devoid of it, we are adrift in an ocean of confusion and misinformation.

In the dust settled after the Poonam Pandey debacle, the contours of a new discourse have emerged, harboring vital interrogations. How do we balance the drive for poignant awareness initiatives against the cardinal principle of truth? What mechanisms can ensure that health campaigns and their noble aspirations are not tainted by the allure of deception? Addressing these queries is not a solitary task for policymakers or influencers but, indeed, a collective societal responsibility that will define our cultural ethics and the legacy we wish to preserve.

Conclusion 

As we contemplate the broader implications of this incident, let us not allow its sensational nature to eclipse the very real and pressing issue of cervical cancer—a condition that, beyond the glare of controversy, continues to shadow lives with its lethal silence. Instead, let our focus pivot towards tangible, truth-driven efforts aimed at education and empowerment. Truth, after all, is the beacon that dispels the murky shadows of ignorance and guides us toward enlightenment and healing.

References 

• https://www.hindustantimes.com/india-news/poonam-pandey-in-trouble-as-maharashtra-politician-seeks-case-for-faking-her-death-101707005742992.html
• https://www.nagpurtoday.in/state-mlc-tambe-demands-police-action-against-poonam-pandey-for-faking-her-death/02051417

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Modern international trade heavily relies on data transfers for the exchange of digital goods and services. User data travels across multiple jurisdictions and legal regimes, each with different rules for processing it. Since international treaties and standards for data protection are inadequate, states, in an effort to protect their citizens' data, have begun extending their domestic privacy laws beyond their borders. However, this opens a Pandora's box of legal and administrative complexities for both, the data protection authorities and data processors. The former must balance the harmonization of domestic data protection laws with their extraterritorial enforcement, without overreaching into the sovereignty of other states. The latter must comply with the data privacy laws in all states where it collects, stores, and processes data. While the international legal community continues to grapple with these challenges, India can draw valuable lessons to refine the Digital Personal Data Protection Act, 2023 (DPDP) in a way that effectively addresses these complexities.

Why Extraterritorial Application? 

Since data moves freely across borders and entities collecting such data from users in multiple states can misuse it or use it to gain an unfair competitive advantage in local markets, data privacy laws carry a clause on their extraterritorial application. Thus, this principle is utilized by states to frame laws that can ensure comprehensive data protection for their citizens, irrespective of the data’s location.  The foremost example of this is the European Union’s (EU) General Data Protection Regulation (GDPR), 2016,  which applies to any entity that processes the personal data of its citizens, regardless of its location. Recently, India has enacted the DPDP Act of 2023, which includes a clause on extraterritorial application.

The Extraterritorial Approach: GDPR and DPDP Act

The GDPR is considered the toughest data privacy law in the world and sets a global standard in data protection. According to Article 3, its provisions apply not only to data processors within the EU but also to those established outside its territory, if they offer goods and services to and conduct behavioural monitoring of data subjects within the EU. The enforcement of this regulation relies on heavy penalties for non-compliance in the form of fines up to €20 million or 4% of the company’s global turnover, whichever is higher, in case of severe violations. As a result, corporations based in the USA, like Meta and Clearview AI, have been fined over  €1.5 billion and €5.5 million respectively, under the GDPR. 

Like the GDPR, the DPDP Act extends its jurisdiction to foreign companies dealing with personal data of data principles within Indian territory under section 3(b). It has a similar extraterritorial reach and prescribes a penalty of up to Rs 250 crores in case of breaches. However, the Act or DPDP Rules, 2025, which are currently under deliberation, do not elaborate on an enforcement mechanism through which foreign companies can be held accountable. 

Lessons for India’s DPDP on Managing Extraterritorial Application 

1. Clarity in Definitions: GDPR clearly defines ‘personal data’, covering direct information such as name and identification number,  indirect identifiers like location data, and, online identifiers that can be used to identify the physical, physiological, genetic, mental, economic, cultural, or social identity of a natural person. It also prohibits revealing special categories of personal data like religious beliefs and biometric data to protect the fundamental rights and freedoms of the subjects. On the other hand, the DPDP Act/ Rules define ‘personal data’ vaguely, leaving a broad scope for Big Tech and ad-tech firms to bypass obligations. 
2. International Cooperation: Compliance is complex for companies due to varying data protection laws in different countries. The success of regulatory measures in such a scenario depends on international cooperation for governing cross-border data flows and enforcement. For DPDP to be effective, India will have to foster cooperation frameworks with other nations. 
3. Adequate Safeguards for Data Transfers: The GDPR regulates data transfers outside the EU via pre-approved legal mechanisms such as standard contractual clauses or binding corporate rules to ensure that the same level of protection applies to EU citizens’ data even when it is processed outside the EU. The DPDP should adopt similar safeguards to ensure that Indian citizens’ data is protected when processed abroad.
4. Revised Penalty Structure: The GDPR mandates a penalty structure that must be effective, proportionate, and dissuasive. The supervisory authority in each member state has the power to impose administrative fines as per these principles, up to an upper limit set by the GDPR. On the other hand, the DPDP’s penalty structure is simplistic and will disproportionately impact smaller businesses. It must take into regard factors such as nature, gravity, and duration of the infringement, its consequences, compliance measures taken, etc.
5. Governance Structure: The GDPR envisages a multi-tiered governance structure comprising of   

• National-level Data Protection Authorities (DPAs) for enforcing national data protection laws and the GDPR, 
• European Data Protection Supervisor (EDPS) for monitoring the processing of personal data by EU institutions and bodies,  
• European Commission (EC) for developing GDPR legislation
• European Data Protection Board (EDPB) for enabling coordination between the EC, EDPS, and DPAs

In contrast, the Data Protection Board (DPB) under DPDP will be a single, centralized body overseeing compliance and enforcement. Since its members are to be appointed by the Central Government, it raises questions about the Board’s autonomy and ability to apply regulations consistently. Further, its investigative and enforcement capabilities are not well defined.

Conclusion 

The protection of the human right to privacy ( under the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights) in today’s increasingly interconnected digital economy warrants international standard-setting on cross-border data protection. In the meantime, States relying on the extraterritorial application of domestic laws is unavoidable. While India’s DPDP takes measures towards this, they must be refined to ensure clarity regarding implementation mechanisms. They should push for alignment with data protection laws of other States, and account for the complexity of enforcement in cases involving extraterritorial jurisdiction. As India sets out to position itself as a global digital leader, a well-crafted extraterritorial framework under the DPDP Act will be essential to promote international trust in India’s data governance regime.

Sources

• https://gdpr-info.eu/art-83-gdpr/ 
• https://gdpr-info.eu/recitals/no-150/ 
• https://gdpr-info.eu/recitals/no-51/ 
• https://www.meity.gov.in/static/uploads/2024/06/2bf1f0e9f04e6fb4f8fef35e82c42aa5.pdf 
• https://www.eqs.com/compliance-blog/biggest-gdpr-fines/#:~:text=ease%20the%20burden.-,At%20a%20glance,In%20summary 
• https://gdpr-info.eu/art-3-gdpr/ 
• https://www.legal500.com/developments/thought-leadership/gdpr-v-indias-dpdpa-key-differences-and-compliance-implications/#:~:text=Both%20laws%20cover%20'personal%20data,of%20personal%20data%20as%20sensitive. 

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