Prohibition of Behavioral Tracking and Targeted Advertising for Children Under the DPDP Act, 2023
Introduction
In India, the rights of children with regard to protection of their personal data are enshrined under the Digital Personal Data Protection Act, 2023 which is the newly enacted digital personal data protection law of India. The DPDP Act requires that for the processing of children's personal data, verifiable consent of parents or legal guardians is a necessary requirement. If the consent of parents or legal guardians is not obtained then it constitutes a violation under the DPDP Act. Under section 2(f) of the DPDP act, a “child” means an individual who has not completed the age of eighteen years.
Section 9 under the DPDP Act, 2023
With reference to the collection of children's data section 9 of the DPDP Act, 2023 provides that for children below 18 years of age, consent from Parents/Legal Guardians is required. The Data Fiduciary shall, before processing any personal data of a child or a person with a disability who has a lawful guardian, obtain verifiable consent from the parent or the lawful guardian. Section 9 aims to create a safer online environment for children by limiting the exploitation of their data for commercial purposes or otherwise. By virtue of this section, the parents and guardians will have more control over their children's data and privacy and they are empowered to make choices as to how they manage their children's online activities and the permissions they grant to various online services.
Section 9 sub-section (3) specifies that a Data Fiduciary shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children. However, section 9 sub-section (5) further provides room for exemption from this prohibition by empowering the Central Government which may notify exemption to specific data fiduciaries or data processors from the behavioural tracking or target advertising prohibition under the future DPDP Rules which are yet to be announced or released.
Impact on social media platforms
Social media companies are raising concerns about Section 9 of the DPDP Act and upcoming Rules for the DPDP Act. Section 9 prohibits behavioural tracking or targeted advertising directed at children on digital platforms. By prohibiting intermediaries from tracking a ‘child's internet activities’ and ‘targeted advertising’ - this law aims to preserve children's privacy. However, social media corporations contended that this limitation adversely affects the efficacy of safety measures intended to safeguard young users, highlighting the necessity of monitoring specific user signals, including from minors, to guarantee the efficacy of safety measures designed for them.
Social media companies assert that tracking teenagers' behaviour is essential for safeguarding them from predators and harmful interactions. They believe that a complete ban on behavioural tracking is counterproductive to the government's objectives of protecting children. The scope to grant exemption leaves the door open for further advocacy on this issue. Hence it necessitates coordination with the concerned ministry and relevant stakeholders to find a balanced approach that maintains both privacy and safety for young users.
Furthermore, the impact on social media platforms also extends to the user experience and the operational costs required to implement the functioning of the changes created by regulations. This also involves significant changes to their algorithms and data-handling processes. Implementing robust age verification systems to identify young users and protect their data will also be a technically challenging step for the various scales of platforms. Ensuring that children’s data is not used for targeted advertising or behavioural monitoring also requires sophisticated data management systems. The blanket ban on targeted advertising and behavioural tracking may also affect the personalisation of content for young users, which may reduce their engagement with the platform.
For globally operating platforms, aligning their practices with the DPDP Act in India while also complying with data protection laws in other countries (such as GDPR in Europe or COPPA in the US) can be complex and resource-intensive. Platforms might choose to implement uniform global policies for simplicity, which could impact their operations in regions not governed by similar laws. On the same page, competitive dynamics such as market shifts where smaller or niche platforms that cater specifically to children and comply with these regulations may gain a competitive edge. There may be a drive towards developing new, compliant ways of monetizing user interactions that do not rely on behavioural tracking.
CyberPeace Policy Recommendations
A balanced strategy should be taken into account which gives weightage to the contentions of social media companies as well as to the protection of children's personal information. Instead of a blanket ban, platforms can be obliged to follow and encourage openness in advertising practices, ensuring that children are not exposed to any misleading or manipulative marketing techniques. Self-regulation techniques can be implemented to support ethical behaviour, responsibility, and the safety of young users’ online personal information through the platform’s practices. Additionally, verifiable consent should be examined and put forward in a manner which is practical and the platforms have a say in designing the said verification. Ultimately, this should be dealt with in a manner that behavioural tracking and targeted advertising are not affecting the children's well-being, safety and data protection in any way.
Final Words
Under section 9 of the DPDP Act, the prohibition of behavioural tracking and targeted advertising in case of processing children's personal data - will compel social media platforms to overhaul their data collection and advertising practices, ensuring compliance with stricter privacy regulations. The legislative intent behind this provision is to enhance and strengthen the protection of children's digital personal data security and privacy. As children are particularly vulnerable to digital threats due to their still-evolving maturity and cognitive capacities, the protection of their privacy stands as a priority. The innocence of children is a major cause for concern when it comes to digital access because children simply do not possess the discernment and caution required to be able to navigate the Internet safely. Furthermore, a balanced approach needs to be adopted which maintains both ‘privacy’ and ‘safety’ for young users.
References
- https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
- https://www.firstpost.com/tech/as-govt-of-india-starts-preparing-rules-for-dpdp-act-social-media-platforms-worried-13789134.html#google_vignette
- https://www.business-standard.com/industry/news/social-media-platforms-worry-new-data-law-could-affect-child-safety-ads-124070400673_1.html
Related Blogs
Introduction
The Sexual Harassment of minors in cyberspace has become a matter of grave concern that needs to be addressed. Sextortion is the practice of extorting individuals into sharing explicit and sexual content under the threat of exposure. This grim activity has evolved into a pervasive issue on several social media platforms, particularly Instagram. To combat this illicit act, big corporate giants such as Meta have deployed a comprehensive ‘nudity protection’ feature, leveraging the use of AI (Artificial Intelligence) algorithms to ascertain and address the rapid distribution of unsolicited explicit content.
The Meta Initiative presented a multifaceted approach to improve user safety, especially for young people online, who are more vulnerable to predatory behavior.
The Salient Feature
Instagram’s use of advanced AI algorithms to automatically identify and blur out explicit images shared within direct messages is the driving force behind this initiative. This new safety measure serves two essential purposes.
- Preventing dissemination of sensitive content - The feature, when enabled, obstructs the visibility of sensitive personal pictures and also limits dissemination of the same.
- Empower minors to exercise more control over their social media - This cutting feature comes with the ability to disable the nudity protection at the will of users, allowing users, including minors, to regulate their exposure to age-inappropriate and harmful materials online. The nudity protection feature is enabled for all users under 18 as a default setting on Instagram globally. This measure guarantees a baseline standard of security for the most vulnerable demographic of users. Adults are able to exercise more autonomy over the feature, receiving periodic prompts for its voluntary activationWhen this feature detects an explicit image, it automatically blurs the image with cautionary overlay, enabling recipients to make an informed decision about whether or not they wish to view the flagged content. The decision to introduce this feature is an interesting and sensitive approach to balancing individual agency with institutionalising online protection.
Comprehensive Safety Measures Beyond Nudity Detection
The cutting-edge nudity protection feature is a crucial element of Instagram’s new strategy and is supported by a comprehensive set of measures devised to tackle sextortion and ensure a safe cyber environment for its users:
Awareness Drives and Safety Tips - Users sending and receiving sexually explicit content are directed to a screen with curated safety tips to ensure complete user awareness and inspire due diligence. These safety tips are critical in raising awareness about the risks of sharing sensitive content and inculcating responsible online behaviour.
New Technology to Identify Sextortionists - Meta Platforms are constantly evolving, and new sophisticated algorithms are introduced to better detect malicious accounts engaged in possible sextortion. These proactive measures check for any predatory behaviour so that such threats can be neutralised before they escalate and do grave harm.
Superior Reporting and Support Mechanisms - Instagram is implementing new technology to bolster its reporting mechanisms so that users reporting concerns pertaining to nudity, sexual exploitation and threats are instantaneously directed to local child safety authorities for necessary support and assistance.
This new sophisticated approach highlights Instagram's Commitment to forging a safer haven for users by addressing various aspects of this grim issue through the three-pronged strategy of detection, prevention and support.
User’s Safety and Accountability
The implementation of the nudity protection feature and various associated safety measures is Meta’s way of tackling the growing concern about user safety in a more proactive manner, especially when it concerns minors. Instagram’s experience with this feature will likely be the sandbox in which Meta tests its new user protection strategy and refines it before extending it to other platforms like Facebook and WhatsApp.
Critical Reception and Future Outlook
The nudity protection feature has been met with positive feedback from experts and online safety advocates, commending Instagram for taking a proactive stance against sextortion and exploitation. However, critics also emphasise the need for continued innovation, transparency, and accountability to effectively address evolving threats and ensure comprehensive protection for all users.
Conclusion
As digital spaces continue to evolve, Meta Platforms must demonstrate an ongoing commitment to adapting its safety measures and collaborating with relevant stakeholders to stay ahead of emerging challenges. Ongoing investment in advanced technology, user education, and robust support systems will be crucial in maintaining a secure and responsible online environment. Ultimately, Instagram's nudity protection feature represents a significant step forward in the fight against online sexual exploitation and abuse. By leveraging cutting-edge technology, fostering user awareness, and implementing comprehensive safety protocols, Meta Platforms is setting a positive example for other social media platforms to prioritise user safety and combat predatory behaviour in digital spaces.
References
- https://www.nbcnews.com/tech/tech-news/instagram-testing-blurring-nudity-messages-protect-teens-sextortion-rcna147402
- https://techcrunch.com/2024/04/11/meta-will-auto-blur-nudity-in-instagram-dms-in-latest-teen-safety-step/
- https://hypebeast.com/2024/4/instagram-dm-nudity-blurring-feature-teen-safety-info
Executive Summary
A misleading advertisement circulating in social media providing attractive offers like iPhone15, AirPods and Smartwatches from the Indian e-commerce platform ‘Myntra’. This “Myntra - Festival Gifts” scam aims to attract the unsuspecting users into a series of redirects and fake interactions to compromise their personal information and devices. It is important to stay vigilant to protect ourselves from misleading attractive offers. Through this report, the Research Wing of CyberPeace explains about a series of processes that happens when the link gets clicked. Through this knowledge, we aim to provide awareness and empower the users to guard themselves and not fall into deceptive offers that aim to scam them.
False Claim
The widely shared WhatsApp message claims that Myntra is offering a wide range of high-valued prizes including the latest iPhone 15, AirPods, various smartwatches among all as a Festival Gift promotion. The campaign invites the users to click on the link provided and take a short quiz to be eligible for the prize.
The Deceptive Scheme
- The link in the social media post is tailored to work only on mobile devices, users are taken through a chain of redirects.
- Users are greeted with the Myntra's "Big Fashion Festival" branding accompanied by Myntra’s logo once they reach the landing page, which gives an impression of authenticity.
- Next, a simple quiz asks basic questions about the user's shopping experience with Myntra, their age, and gender.
- On the bottom of the quiz, there is a comment section that shows the comments from users who are supposedly provided with the prizes to look real,
- After the completion of the quiz, users are presented with a Spin-to-Win mechanism, to win the prize.
- After winning, a congratulatory message is displayed which says that the user has won an iPhone 15.
- The final step requires the user to share the campaign over WhatsApp in order to claim the prize.
Analyzing the Fraudulent Campaign
- The use of Myntra's branding and the promise of exclusive, high-value prizes are designed to attract users' interest.
- The fake comments and social proof elements aim to create a false sense of legitimacy and widespread participation, making the offer seem more credible.
- The series of redirects, quizzes, and Spin-to-Win mechanics are tactics to keep users engaged and increase the likelihood of them falling for the scam.
- The final step of sharing the post on WhatsApp is a way for the scammers to further spread the campaign and compromise more victims. Through sharing the link over WhatsApp, users become unaware accomplices that are simply assisting the scammers to reach an even bigger audience and hence their popularity.
- The primary objectives of such scams are to gather users' personal information and potentially gain access to their devices. By luring users with the promise of exclusive gifts and creating a false sense of legitimacy, the scammers aim to exploit user trust and compromise their data, leading to potential identity theft, financial fraud, or the installation of potentially unwanted softwares.
- We have also cross-checked and as of now there is no well established and credible source or any official notification that has confirmed such an offer advertised by Myntra.
- Domain Analysis: If we closely look at the viral message, it is clearly visible that the scammers mentioned myntra.com in the url. However, the actual url takes the user to a different domain as the campaign is hosted on a third party domain instead of the official Website of Myntra, this raised suspicion. This is the common way to deceive users into falling for a Phishing scam. Whois information reveals that the domain has been registered not long ago i.e on 8th April 2024, just a few days back. Cybercriminals used Cloudflare technology to mask the actual IP address of the fraudulent website.
- Domain Name: MYTNRA.CYOU
- Registry Domain ID: D445770144-CNIC
- Registrar WHOIS Server: whois.hkdns.hk
- Registrar URL: http://www.hkdns.hk
- Updated Date: 2024-04-08T03:27:58.0Z
- Creation Date: 2024-04-08T02:58:14.0Z
- Registry Expiry Date: 2025-04-08T23:59:59.0Z
- Registrar: West263 International Limited
- Registrant State/Province: Delhi
- Registrant Country: IN
- Name Server: NORMAN.NS.CLOUDFLARE.COM
- Name Server: PAM.NS.CLOUDFLARE.COM
CyberPeace Advisory and Best Practices
- Do not open those messages received from social platforms in which you think that such messages are suspicious or unsolicited. In the beginning, your own discretion can become your best weapon.
- Falling prey to such scams could compromise your entire system, potentially granting unauthorized access to your microphone, camera, text messages, contacts, pictures, videos, banking applications, and more. Keep your cyber world safe against any attacks.
- Never, in any case, reveal such sensitive data as your login credentials and banking details to entities you haven't validated as reliable ones.
- Before sharing any content or clicking on links within messages, always verify the legitimacy of the source. Protect not only yourself but also those in your digital circle.
- For the sake of the truthfulness of offers and messages, find the official sources and companies directly. Verify the authenticity of alluring offers before taking any action.
Conclusion:
The “Myntra - Festival Gift” scam is a kind of manipulation in which the fraudsters exploit the trust of the users and take advantage of a popular e-commerce website. It is equally crucial to equip the users by imparting them knowledge on fraudulent behavior tactics like impersonating brands, creating fake social proof and application of different engagement strategies. We are required to remain alert and stand firm against cyber attacks. Be careful, make sure that information is verified and share awareness to help make a safe online environment for all users.
Introduction
In a distressing incident that highlights the growing threat of cyber fraud, a software engineer in Bangalore fell victim to fraudsters who posed as police officials. These miscreants, operating under the guise of a fake courier service and law enforcement, employed a sophisticated scam to dupe unsuspecting individuals out of their hard-earned money. Unfortunately, this is not an isolated incident, as several cases of similar fraud have been reported recently in Bangalore and other cities. It is crucial for everyone to be aware of these scams and adopt preventive measures to protect themselves.
Bangalore Techie Falls Victim to ₹33 Lakh
The software engineer received a call from someone claiming to be from FedEx courier service, informing him that a parcel sent in his name to Taiwan had been seized by the Mumbai police for containing illegal items. The call was then transferred to an impersonator posing as a Mumbai Deputy Commissioner of Police (DCP), who alleged that a money laundering case had been registered against him. The fraudsters then coerced him into joining a Skype call for verification purposes, during which they obtained his personal details, including bank account information.
Under the guise of verifying his credentials, the fraudsters manipulated him into transferring a significant amount of money to various accounts. They assured him that the funds would be returned after the completion of the procedure. However, once the money was transferred, the fraudsters disappeared, leaving the victim devastated and financially drained.
Best Practices to Stay Safe
- Be vigilant and skeptical: Maintain a healthy level of skepticism when receiving unsolicited calls or messages, especially if they involve sensitive information or financial matters. Be cautious of callers pressuring you to disclose personal details or engage in immediate financial transactions.
- Verify the caller’s authenticity: If someone claims to represent a legitimate organisation or law enforcement agency, independently verify their credentials. Look up the official contact details of the organization or agency and reach out to them directly to confirm the authenticity of the communication.
- Never share sensitive information: Avoid sharing personal information, such as bank account details, passwords, or Aadhaar numbers, over the phone or through unfamiliar online platforms. Legitimate organizations will not ask for such information without proper authentication protocols.
- Use secure communication channels: When communicating sensitive information, prefer secure platforms or official channels that provide end-to-end encryption. Avoid switching to alternative platforms or applications suggested by unknown callers, as fraudsters can exploit these.
- Educate yourself and others: Stay informed about the latest cyber fraud techniques and scams prevalent in your region. Share this knowledge with family, friends, and colleagues to create awareness and prevent them from falling victim to similar schemes.
- Implement robust security measures: Keep your devices and software updated with the latest security patches. Utilize robust anti-virus software, firewalls, and spam filters to safeguard against malicious activities. Regularly review your financial statements and account activity to detect any unauthorized transactions promptly.
Conclusion:
The incident involving the Bangalore techie and other victims of cyber fraud highlights the importance of remaining vigilant and adopting preventive measures to safeguard oneself from such scams. It is disheartening to see individuals falling prey to impersonators who exploit their trust and manipulate them into sharing sensitive information. By staying informed, exercising caution, and following best practices, we can collectively minimize the risk and protect ourselves from these fraudulent activities. Remember, the best defense against cyber fraud is a well-informed and alert individual.
