Research Report: AI-Powered Ransomware Attack on a Healthcare Provider
Executive Summary:
In late 2024 an Indian healthcare provider experienced a severe cybersecurity attack that demonstrated how powerful AI ransomware is. This blog discusses the background to the attack, how it took place and the effects it caused (both medical and financial), how organisations reacted, and the final result of it all, stressing on possible dangers in the healthcare industry with a lack of sufficiently adequate cybersecurity measures in place. The incident also interrupted the normal functioning of business and explained the possible economic and image losses from cyber threats. Other technical results of the study also provide more evidence and analysis of the advanced AI malware and best practices for defending against them.
1. Introduction
The integration of artificial intelligence (AI) in cybersecurity has revolutionised both defence mechanisms and the strategies employed by cybercriminals. AI-powered attacks, particularly ransomware, have become increasingly sophisticated, posing significant threats to various sectors, including healthcare. This report delves into a case study of an AI-powered ransomware attack on a prominent Indian healthcare provider in 2024, analysing the attack's execution, impact, and the subsequent response, along with key technical findings.
2. Background
In late 2024, a leading healthcare organisation in India which is involved in the research and development of AI techniques fell prey to a ransomware attack that was AI driven to get the most out of it. With many businesses today relying on data especially in the healthcare industry that requires real-time operations, health care has become the favourite of cyber criminals. AI aided attackers were able to cause far more detailed and damaging attack that severely affected the operation of the provider whilst jeopardising the safety of the patient information.
3. Attack Execution
The attack began with the launch of a phishing email designed to target a hospital administrator. They received an email with an infected attachment which when clicked in some cases injected the AI enabled ransomware into the hospitals network. AI incorporated ransomware was not as blasé as traditional ransomware, which sends copies to anyone, this studied the hospital’s IT network. First, it focused and targeted important systems which involved implementation of encryption such as the electronic health records and the billing departments.
The fact that the malware had an AI feature allowed it to learn and adjust its way of propagation in the network, and prioritise the encryption of most valuable data. This accuracy did not only increase the possibility of the potential ransom demand but also it allowed reducing the risks of the possibility of early discovery.
4. Impact
- The consequences of the attack were immediate and severe: The consequences of the attack were immediate and severe.
- Operational Disruption: The centralization of important systems made the hospital cease its functionality through the acts of encrypting the respective components. Operations such as surgeries, routine medical procedures and admitting of patients were slowed or in some cases referred to other hospitals.
- Data Security: Electronic patient records and associated billing data became off-limit because of the vulnerability of patient confidentiality. The danger of data loss was on the verge of becoming permanent, much to the concern of both the healthcare provider and its patients.
- Financial Loss: The attackers asked for 100 crore Indian rupees (approximately 12 USD million) for the decryption key. Despite the hospital not paying for it, there were certain losses that include the operational loss due to the server being down, loss incurred by the patients who were affected in one way or the other, loss incurred in responding to such an incident and the loss due to bad reputation.
5. Response
As soon as the hotel’s management was informed about the presence of ransomware, its IT department joined forces with cybersecurity professionals and local police. The team decided not to pay the ransom and instead recover the systems from backup. Despite the fact that this was an ethically and strategically correct decision, it was not without some challenges. Reconstruction was gradual, and certain elements of the patients’ records were permanently erased.
In order to avoid such attacks in the future, the healthcare provider put into force several organisational and technical actions such as network isolation and increase of cybersecurity measures. Even so, the attack revealed serious breaches in the provider’s IT systems security measures and protocols.
6. Outcome
The attack had far-reaching consequences:
- Financial Impact: A healthcare provider suffers a lot of crashes in its reckoning due to substantial service disruption as well as bolstering cybersecurity and compensating patients.
- Reputational Damage: The leakage of the data had a potential of causing a complete loss of confidence from patients and the public this affecting the reputation of the provider. This, of course, had an effect on patient care, and ultimately resulted in long-term effects on revenue as patients were retained.
- Industry Awareness: The breakthrough fed discussions across the country on how to improve cybersecurity provisions in the healthcare industry. It woke up the other care providers to review and improve their cyber defence status.
7. Technical Findings
The AI-powered ransomware attack on the healthcare provider revealed several technical vulnerabilities and provided insights into the sophisticated mechanisms employed by the attackers. These findings highlight the evolving threat landscape and the importance of advanced cybersecurity measures.
7.1 Phishing Vector and Initial Penetration
- Sophisticated Phishing Tactics: The phishing email was crafted with precision, utilising AI to mimic the communication style of trusted contacts within the organisation. The email bypassed standard email filters, indicating a high level of customization and adaptation, likely due to AI-driven analysis of previous successful phishing attempts.
- Exploitation of Human Error: The phishing email targeted an administrative user with access to critical systems, exploiting the lack of stringent access controls and user awareness. The successful penetration into the network highlighted the need for multi-factor authentication (MFA) and continuous training on identifying phishing attempts.
7.2 AI-Driven Malware Behavior
- Dynamic Network Mapping: Once inside the network, the AI-powered malware executed a sophisticated mapping of the hospital's IT infrastructure. Using machine learning algorithms, the malware identified the most critical systems—such as Electronic Health Records (EHR) and the billing system—prioritising them for encryption. This dynamic mapping capability allowed the malware to maximise damage while minimising its footprint, delaying detection.
- Adaptive Encryption Techniques: The malware employed adaptive encryption techniques, adjusting its encryption strategy based on the system's response. For instance, if it detected attempts to isolate the network or initiate backup protocols, it accelerated the encryption process or targeted backup systems directly, demonstrating an ability to anticipate and counteract defensive measures.
- Evasive Tactics: The ransomware utilised advanced evasion tactics, such as polymorphic code and anti-forensic features, to avoid detection by traditional antivirus software and security monitoring tools. The AI component allowed the malware to alter its code and behaviour in real time, making signature-based detection methods ineffective.
7.3 Vulnerability Exploitation
- Weaknesses in Network Segmentation: The hospital’s network was insufficiently segmented, allowing the ransomware to spread rapidly across various departments. The malware exploited this lack of segmentation to access critical systems that should have been isolated from each other, indicating the need for stronger network architecture and micro-segmentation.
- Inadequate Patch Management: The attackers exploited unpatched vulnerabilities in the hospital’s IT infrastructure, particularly within outdated software used for managing patient records and billing. The failure to apply timely patches allowed the ransomware to penetrate and escalate privileges within the network, underlining the importance of rigorous patch management policies.
7.4 Data Recovery and Backup Failures
- Inaccessible Backups: The malware specifically targeted backup servers, encrypting them alongside primary systems. This revealed weaknesses in the backup strategy, including the lack of offline or immutable backups that could have been used for recovery. The healthcare provider’s reliance on connected backups left them vulnerable to such targeted attacks.
- Slow Recovery Process: The restoration of systems from backups was hindered by the sheer volume of encrypted data and the complexity of the hospital’s IT environment. The investigation found that the backups were not regularly tested for integrity and completeness, resulting in partial data loss and extended downtime during recovery.
7.5 Incident Response and Containment
- Delayed Detection and Response: The initial response was delayed due to the sophisticated nature of the attack, with traditional security measures failing to identify the ransomware until significant damage had occurred. The AI-powered malware’s ability to adapt and camouflage its activities contributed to this delay, highlighting the need for AI-enhanced detection and response tools.
- Forensic Analysis Challenges: The anti-forensic capabilities of the malware, including log wiping and data obfuscation, complicated the post-incident forensic analysis. Investigators had to rely on advanced techniques, such as memory forensics and machine learning-based anomaly detection, to trace the malware’s activities and identify the attack vector.
8. Recommendations Based on Technical Findings
To prevent similar incidents, the following measures are recommended:
- AI-Powered Threat Detection: Implement AI-driven threat detection systems capable of identifying and responding to AI-powered attacks in real time. These systems should include behavioural analysis, anomaly detection, and machine learning models trained on diverse datasets.
- Enhanced Backup Strategies: Develop a more resilient backup strategy that includes offline, air-gapped, or immutable backups. Regularly test backup systems to ensure they can be restored quickly and effectively in the event of a ransomware attack.
- Strengthened Network Segmentation: Re-architect the network with robust segmentation and micro-segmentation to limit the spread of malware. Critical systems should be isolated, and access should be tightly controlled and monitored.
- Regular Vulnerability Assessments: Conduct frequent vulnerability assessments and patch management audits to ensure all systems are up to date. Implement automated patch management tools where possible to reduce the window of exposure to known vulnerabilities.
- Advanced Phishing Defences: Deploy AI-powered anti-phishing tools that can detect and block sophisticated phishing attempts. Train staff regularly on the latest phishing tactics, including how to recognize AI-generated phishing emails.
9. Conclusion
The AI empowered ransomware attack on the Indian healthcare provider in 2024 makes it clear that the threat of advanced cyber attacks has grown in the healthcare facilities. Sophisticated technical brief outlines the steps used by hackers hence underlining the importance of ongoing active and strong security. This event is a stark message to all about the importance of not only remaining alert and implementing strong investments in cybersecurity but also embarking on the formulation of measures on how best to counter such incidents with limited harm. AI is now being used by cybercriminals to increase the effectiveness of the attacks they make and it is now high time all healthcare organisations ensure that their crucial systems and data are well protected from such attacks.
Related Blogs
BharOS’s successful testing grabbed massive online attention after Ashwini Vaishnaw, Minister of Communications and Electronics & IT, and Union Education Minister Dharmendra Pradhan unveiled the new mobile operating system. On Data Privacy Day, January 28, it’s appropriate to discuss the safety factors.
The OS is developed by JandKops, which has been incubated by IIT Madras Pravartak Technologies Foundation. It is claimed that BharOS will ensure the prevention of the “execution of any malware” and “execution of any malicious application”.
Even though it is called a Made in India OS, there are many people who disagree with this. It is because the OS is based on an AOSP (Android Open Source Project). It includes similar methodologies, functionalities, and basics used in Google Android.
Global safety factor
Security and data safety has been worldwide issue. A few years ago, Alphabet CEO Sundar Pichai also testified in front of US Congress while facing questions related to privacy, data collection, and location tracking.
While experts say that Android’s app ecosystem is a privacy and security disaster, a study that examined 82,501 apps pre-installed on 1,742 Android smartphones sold by 214 vendors concluded that users are woefully unaware of the significant security and privacy risks posed by pre-installed applications.
Even Apple, which takes cybersafety issues as a top priority, sometimes finds itself in a vulnerable situation. For example, last year Apple users were advised to update their devices to protect against a pair of security flaws that could allow attackers to take complete control.
It was said that one of the software flaws affected the kernel, the deepest layer of the OS shared by all Apple devices, while the other had an impact on WebKit, the technology that powers the Safari web browser.
Security researchers, including NordVPN, said that Apple’s closed development OS makes it more difficult for hackers to develop exploits, while Android raises the threat level since anyone can see its source code to develop exploits.
BharOS is not like iOS but it is kind of similar to Android and based on AOSP. So the question is, how safe would this OS be?
‘Security blanket’
Sandip Kumar Panda, Co-founder and CEO of InstaSafe, told News18: “BharOS acts as a security blanket for devices. The framework is designed in a manner that it prevents the execution of any malicious app and verifies each app on the devices before making it live on the BharOS platform.”
There are no apps without any vulnerabilities, he said. “As the app development progresses, vulnerabilities get introduced either in the form of insecure coding practices or third-party software vulnerabilities integrated with the platform. Since several Android vulnerabilities were discovered over the years, all those bugs would have been fixed now and updates would already have been for AOSP, which will be much more mature now,” he added.
Vineet Kumar, Founder and President of CyberPeace Foundation, believes that “the use of AOSP as the foundation for BharOS is a positive step” as it is a robust platform.
But according to him, it is important to note that no OS can be completely immune to all forms of cyber threats. “The key to staying safe online is to stay vigilant, use security software, keep your software updated, and be mindful of the apps you install and the websites you visit,” he said,
Furthermore, the expert stated that it is possible to make an OS more secure by implementing a variety of security features and technologies such as sandboxing, whitelisting, and application control, as well as rigorous testing and code review processes.
Kumar said: “It would be important for an independent, reputable security firm to evaluate BharOS and test its security features before it can be stated with certainty that it is more secure than other OSs.”
It is difficult to say whether the BharOS will be free of cybersecurity issues without more information about the specific features and security measures that have been implemented, he noted while adding that this OS has to go through a rigorous testing and certification process.
“It will be important to see how it measures up against established security standards and how well it can withstand real-world attacks,” the expert stated.
Reference Link : https://www.news18.com/amp/news/tech/data-privacy-day-how-safe-is-bharos-what-do-cybersecurity-experts-say-you-are-about-to-find-out-6932521.html
Introduction
The term ‘super spreader’ is used to refer to social media and digital platform accounts that are able to quickly transmit information to a significantly large audience base in a short duration. The analogy references the medical term, where a small group of individuals is able to rapidly amplify the spread of an infection across a huge population. The fact that a few handful accounts are able to impact and influence many is attributed to a number of factors like large follower bases, high engagement rates, content attractiveness or virality and perceived credibility.
Super spreader accounts have become a considerable threat on social media because they are responsible for generating a large amount of low-credibility material online. These individuals or groups may create or disseminate low-credibility content for a number of reasons, running from social media fame to garnering political influence, from intentionally spreading propaganda to seeking financial gains. Given the exponential reach of these accounts, identifying, tracing and categorising such accounts as the sources of misinformation can be tricky. It can be equally difficult to actually recognise the content they spread for the misinformation that it actually is.
How Do A Few Accounts Spark Widespread Misinformation?
Recent research suggests that misinformation superspreaders, who consistently distribute low-credibility content, may be the primary cause of the issue of widespread misinformation about different topics. A study[1] by a team of social media analysts at Indiana University has found that a significant portion of tweets spreading misinformation are sent by a small percentage of a given user base. The researchers conducted a review of 2,397,388 tweets posted on Twitter (now X) that were flagged as having low credibility and details on who was sending them. The study found that it does not take a lot of influencers to sway the beliefs and opinions of large numbers. This is attributed to the impact of what they describe as superspreaders. The researchers collected 10 months of data, which added up to 2,397,388 tweets sent by 448,103 users, and then reviewed it, looking for tweets that were flagged as containing low-credibility information. They found that approximately a third of the low-credibility tweets had been posted by people using just 10 accounts, and that just 1,000 accounts were responsible for posting approximately 70% of such tweets.[2]
Case Study
- How Misinformation ‘Superspreaders’ Seed False Election Theories
During the 2020 U.S. presidential election, a small group of "repeat spreaders" aggressively pushed false election claims across various social media platforms for political gain, and this even led to rallies and radicalisation in the U.S.[3] Superspreaders accounts were responsible for disseminating a disproportionately large amount of misinformation related to the election, influencing public opinion and potentially undermining the electoral process.
In the domestic context, India was ranked highest for the risk of misinformation and disinformation according to experts surveyed for the World Economic Forum’s 2024 Global Risk Report. In today's digital age, misinformation, deep fakes, and AI-generated fakes pose a significant threat to the integrity of elections and democratic processes worldwide. With 64 countries conducting elections in 2024, the dissemination of false information carries grave implications that could influence outcomes and shape long-term socio-political landscapes. During the 2024 Indian elections, we witnessed a notable surge in deepfake videos of political personalities, raising concerns about the influence of misinformation on election outcomes.
- Role of Superspreaders During Covid-19
Clarity in public health communication is important when any grey areas or gaps in information can be manipulated so quickly. During the COVID-19 pandemic, misinformation related to the virus, vaccines, and public health measures spread rapidly on social media platforms, including Twitter (Now X). Some prominent accounts or popular pages on platforms like Facebook and Twitter(now X) were identified as superspreaders of COVID-19 misinformation, contributing to public confusion and potentially hindering efforts to combat the pandemic.
As per the Center for Countering Digital Hate Inc (US), The "disinformation dozen," a group of 12 prominent anti-vaccine accounts[4], were found to be responsible for a large amount of anti-vaccine content circulating on social media platforms, highlighting the significant role of superspreaders in influencing public perceptions and behaviours during a health crisis.
There are also incidents where users are unknowingly engaged in spreading misinformation by forwarding information or content which are not always shared by the original source but often just propagated by amplifiers, using other sources, websites, or YouTube videos that help in dissemination. The intermediary sharers amplify these messages on their pages, which is where it takes off. Hence such users do not always have to be the ones creating or deliberately popularising the misinformation, but they are the ones who expose more people to it because of their broad reach. This was observed during the pandemic when a handful of people were able to create a heavy digital impact sharing vaccine/virus-related misinformation.
- Role of Superspreaders in Influencing Investments and Finance
Misinformation and rumours in finance may have a considerable influence on stock markets, investor behaviour, and national financial stability. Individuals or accounts with huge followings or influence in the financial niche can operate as superspreaders of erroneous information, potentially leading to market manipulation, panic selling, or incorrect impressions about individual firms or investments.
Superspreaders in the finance domain can cause volatility in markets, affect investor confidence, and even trigger regulatory responses to address the spread of false information that may harm market integrity. In fact, there has been a rise in deepfake videos, and fake endorsements, with multiple social media profiles providing unsanctioned investing advice and directing followers to particular channels. This leads investors into dangerous financial decisions. The issue intensifies when scammers employ deepfake videos of notable personalities to boost their reputation and can actually shape people’s financial decisions.
Bots and Misinformation Spread on Social Media
Bots are automated accounts that are designed to execute certain activities, such as liking, sharing, or retweeting material, and they can broaden the reach of misinformation by swiftly spreading false narratives and adding to the virality of a certain piece of content. They can also artificially boost the popularity of disinformation by posting phony likes, shares, and comments, making it look more genuine and trustworthy to unsuspecting users. Bots can exploit social network algorithms by establishing false identities that interact with one another and with real users, increasing the spread of disinformation and pushing it to the top of users' feeds and search results.
Bots can use current topics or hashtags to introduce misinformation into popular conversations, allowing misleading information to acquire traction and reach a broader audience. They can lead to the construction of echo chambers, in which users are exposed to a narrow variety of perspectives and information, exacerbating the spread of disinformation inside restricted online groups. There are incidents reported where bot's were found as the sharers of content from low-credibility sources.
Bots are frequently employed as part of planned misinformation campaigns designed to propagate false information for political, ideological, or commercial gain. Bots, by automating the distribution of misleading information, can make it impossible to trace the misinformation back to its source. Understanding how bots work and their influence on information ecosystems is critical for combatting disinformation and increasing digital literacy among social media users.
CyberPeace Policy Recommendations
- Recommendations/Advisory for Netizens:
- Educating oneself: Netizens need to stay informed about current events, reliable fact-checking sources, misinformation counter-strategies, and common misinformation tactics, so that they can verify potentially problematic content before sharing.
- Recognising the threats and vulnerabilities: It is important for netizens to understand the consequences of spreading or consuming inaccurate information, fake news, or misinformation. Netizens must be cautious of sensationalised content spreading on social media as it might attempt to provoke strong reactions or to mold public opinions. Netizens must consider questioning the credibility of information, verifying its sources, and developing cognitive skills to identify low-credibility content and counter misinformation.
- Practice caution and skepticism: Netizens are advised to develop a healthy skepticism towards online information, and critically analyse the veracity of all information sources. Before spreading any strong opinions or claims, one must seek supporting evidence, factual data, and expert opinions, and verify and validate claims with reliable sources or fact-checking entities.
- Good netiquette on the Internet, thinking before forwarding any information: It is important for netizens to practice good netiquette in the online information landscape. One must exercise caution while sharing any information, especially if the information seems incorrect, unverified or controversial. It's important to critically examine facts and recognise and understand the implications of sharing false, manipulative, misleading or fake information/content. Netizens must also promote critical thinking and encourage their loved ones to think critically, verify information, seek reliable sources and counter misinformation.
- Adopting and promoting Prebunking and Debunking strategies: Prebunking and debunking are two effective strategies to counter misinformation. Netizens are advised to engage in sharing only accurate information and do fact-checking to debunk any misinformation. They can rely on reputable fact-checking experts/entities who are regularly engaged in producing prebunking and debunking reports and material. Netizens are further advised to familiarise themselves with fact-checking websites, and resources and verify the information.
- Recommendations for tech/social media platforms
- Detect, report and block malicious accounts: Tech/social media platforms must implement strict user authentication mechanisms to verify account holders' identities to minimise the formation of fraudulent or malicious accounts. This is imperative to weed out suspicious social media accounts, misinformation superspreader accounts and bots accounts. Platforms must be capable of analysing public content, especially viral or suspicious content to ascertain whether it is misleading, AI-generated, fake or deliberately misleading. Upon detection, platform operators must block malicious/ superspreader accounts. The same approach must apply to other community guidelines’ violations as well.
- Algorithm Improvements: Tech/social media platform operators must develop and deploy advanced algorithm mechanisms to detect suspicious accounts and recognise repetitive posting of misinformation. They can utilise advanced algorithms to identify such patterns and flag any misleading, inaccurate, or fake information.
- Dedicated Reporting Tools: It is important for the tech/social media platforms to adopt robust policies to take action against social media accounts engaged in malicious activities such as spreading misinformation, disinformation, and propaganda. They must empower users on the platforms to flag/report suspicious accounts, and misleading content or misinformation through user-friendly reporting tools.
- Holistic Approach: The battle against online mis/disinformation necessitates a thorough examination of the processes through which it spreads. This involves investing in information literacy education, modifying algorithms to provide exposure to varied viewpoints, and working on detecting malevolent bots that spread misleading information. Social media sites can employ similar algorithms internally to eliminate accounts that appear to be bots. All stakeholders must encourage digital literacy efforts that enable consumers to critically analyse information, verify sources, and report suspect content. Implementing prebunking and debunking strategies. These efforts can be further supported by collaboration with relevant entities such as cybersecurity experts, fact-checking entities, researchers, policy analysts and the government to combat the misinformation warfare on the Internet.
References:
- https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0302201 {1}
- https://phys.org/news/2024-05-superspreaders-responsible-large-portion-misinformation.html#google_vignette {2}
- https://phys.org/news/2024-05-superspreaders-responsible-large-portion-misinformation.html#google_vignette {3}
- https://counterhate.com/research/the-disinformation-dozen/ {4}
- https://phys.org/news/2024-05-superspreaders-responsible-large-portion-misinformation.html#google_vignette
- https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0302201
- https://www.nytimes.com/2020/11/23/technology/election-misinformation-facebook-twitter.html
- https://www.wbur.org/onpoint/2021/08/06/vaccine-misinformation-and-a-look-inside-the-disinformation-dozen
- https://healthfeedback.org/misinformation-superspreaders-thriving-on-musk-owned-twitter/
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8139392/
- https://www.jmir.org/2021/5/e26933/
- https://www.yahoo.com/news/7-ways-avoid-becoming-misinformation-121939834.html
Introduction
The nation got its first consolidated data protection regulation in the form of the Digital Personal Data Protection Act, 2023, in the month of August, and the Indian netizens got their independence in terms of data protection and privacy. The act lays heavy penalties for non-compliance with the provisions, and the same is under the jurisdiction of a Data Protection Board set up by the Central Government, which enjoys powers equivalent to a civil court. The act upholds the right to data privacy as the fundamental right under Article 19 (1)(A) and 21 of the Constitution of India. The same has been judicially supported in the form of the landmark judgement, Jus. K.S Puttawamy vs. Union of India of 2018. Let us take a look at the impact the act will make on the Indian netizens.
What is Personal Data?
Personal Data refers to any form of digitised data which can be directly replicated by any person. This includes email IDs, mobile numbers, health data, banking data, photos, etc. A person to whom the personal data belongs is called the Data Principle. A Data principle is anyone who is above the age of 18 years and consents to the data of children/minors. In the case of children/minors, it is mandatory for the parents or guardians to provide their express consent for the processing of personal data for all or any purposes. Any individual who is processing personal data is known as the Data Fiduciry, and individuals registered under the act may act as consent managers to make the consent transparent. When it comes to the rights of the netizens, it is seen that the act is created with an aspect of “Safety by Design” to secure the rights and responsibilities of the netizens.
Rights secured under the DPDP Act 2023
- Right to Grievance Redressal: The Data fiduciary and the consent manager are required to respond to the grievances of the Data Principal within a time period, which is soon to be prescribed, thus creating a blanket of responsibility for the data fiduciary and consent manager.
- Right to Nominate: Data Principals have the right to nominate any other individual who shall, in the event of death or incapacity of the data principal, exercise his/her rights.
- Right to access to information: The Data principal has the right to seek confirmation from Data fiduciaries regarding the processing of their personal data and the summary of the processed data as well.
- Right to Erasure and Correction: Data principals can reach out to the data fiduciaries in order to exercise their right to correct, complete, update and erasure of their personal data.
- Territorial Rights: The data is to be processed within India, and processing outside India should be in regard to the services provided in India.
- Material Rights: The rights are applicable to any personal data collected in digitised form and also for the data collected in a non-digital form but subsequently digitised.
Obligations for Data Fiduciaries
The data fiduciaries are mandated to oblige with the following provisions in order to maintain compliance with the laws of the land and by securing the Digital rights of the netizens.
These are the obligations of the data fiduciaries:
- Implement technical and organisational measures to safeguard Personal Data.
- Determine the legal grounds for processing and obtaining consent from Data principals where required.
- Provide a privacy notice while obtaining consent from Data principals.
- Implement a mechanism for data principals to exercise their rights.
- Implement a grievance redressal mechanism for handling the queries from Data principals.
- Irrecoverably delete personal data after the purpose for which it was collected has expired or when the consent has been withdrawn.
- Have a breach management policy to notify the data protection board and the data principals in accordance with prescribed timelines.
- Sign a valid contract with Data processors to ensure key obligations are abided by them, including timely deletion of data.
Conclusion
As the world steps into the digital age, it is pertinent for the governments of the world to come up with efficient and effective legislation to protect cyber rights and responsibilities, but as cyberspace has no boundaries, nations need to work in synergy to protect their cyber interests and netizens. This can only begin once all nations have indigenous Cyber laws and rights to protect netizens, and the same has been addressed by the Indian Government in the form of the Digital Perosnl Data Protection Act, 2023. The future is full of emerging technologies and the evolution of cyber laws; hence, consolidating a basic legal structure now is of utmost importance and the same is expected to be strengthened in India by the soon-to-be-released Draft Digital India Bill.
