WhatsApp on Multiple Phones

Introduction

The Central Electricity Authority (CEA) has released the Draft Central Electricity Authority (Cyber Security in Power Sector) Regulations, 2024, inviting ‘comments’ from stakeholders, including the general public, which are to be submitted by 10 September 2024. The new regulation is intended to make India’s power sector more cyber-resilient and responsive to counter emerging cyber threats and safeguard the nation's power infrastructure.

Key Highlights of the CEA’s New (Cyber Security in Power Sector) Regulations, 2024

• Central Electricity Authority has framed the ‘Cyber Security in Power Sector Regulations, 2024’ in the exercise of the powers conferred by sub-section (1) of 177 of the Electricity Act, 2003 in order to make regulations for measures relating to Cyber Security in the power sector.
• The scope of the regulation entails that these regulations will be applicable to all Responsible Entities, Regional Power Committees, Appropriate Commission, Appropriate Government and Associated Power Sector Government Organizations, and Training Institutes recognized by the Authority, Authority and Vendors.
• One key aspect of the proposed regulation is the establishment of a dedicated Computer Security Incident Response Team (CSIRT) for the power sector. This team will coordinate a unified cyber defense strategy throughout the sector, establishing security frameworks, and serving as the main agency for handling incident response and recovery. The CSIRT will also be responsible for creating/developing Standard Operating Procedures (SOPs), security policies, and best practices for incident response activities in consultation with CERT-In and NCIIPC. The detailed roles and responsibilities of CSIRT are outlined under Chapter 2 of the said regulations.
• All responsible entities in the power sector as mentioned under the scope of the regulation, are mandated to appoint a Chief Information Security Officer (CISO) and an alternate CISO, who need to be Indian nationals and who are senior management employees. The regulations specify that these officers must directly report to the  CEO/Head of the Responsible Entity. Thus emphasizing the critical nature of CISO’s roles in safeguarding the nation’s power grid sector assets.
• All Responsible Entities shall establish an Information Security Division (ISD) dedicated to ensuring Cyber Security, headed by the CISO and remain operational around the clock. The schedule under regulation entails that the minimum workforce required for setting up an ISD is 04 (Four) officers including CISO and 04 officers/officials for shift operations. Sufficient workforce and infrastructure support shall be ensured for ISD. The detailed functions and responsibilities of ISD are outlined under Chapter 5 regulation 10. Furthermore, the ISD shall be manned by sufficient numbers of officers, having valid certificates of successful completion of domain-specific Cyber Security courses.
• The regulation obliged the entities to have a defined, documented and maintained Cyber Security Policy which is approved by the Board or Head of the entity. The regulation also obliged the entities to have a Cyber Crisis Management Plan (CCMP) approved by the higher management.
• As regards upskilling and empowerment the regulation advocates for organising or conducting periodic Cyber Security awareness programs and Cyber Security exercises including mock drills and tabletop exercises.

CyberPeace Policy Outlook

CyberPeace Policy & Advocacy Vertical has submitted its detailed recommendations on the proposed ‘Cyber Security in Power Sector Regulations, 2024’ to the Central Electricity Authority, Government of India. We have advised on various aspects within the regulation including harmonisation of these regulations with other rules as issued by CERT-In and NCIIPC, at present. As this needs to be clarified which set of guidelines will supersede in case of any discrepancy that may arise. Additionally, we advised on incorporating or making modifications to specific provisions under the regulation for a more robust framework. We have also emphasized legal mandates and penalties for non-compliance with cybersecurity, so as to make sure that these regulations do not only act as guiding principles but also provide stringent measures in case of non-compliance.

References: 

1. https://cea.nic.in/wp-content/uploads/notification/2024/08/Draft_CEA_Cyber_Security_in_Power_Sectyor_Regulations_2024_English_Version.pdf

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Introduction

As we navigate the digital realm that offers unlimited opportunities, it also exposes us to potential cyber threats and scams. A recent incident involving a businessman in Pune serves as a stark reminder of this reality. The victim fell prey to a sophisticated online impersonation fraud, where a cunning criminal posed as a high-ranking official from Hindustan Petroleum Corporation Limited (HPCL). This cautionary tale exposes the inner workings of the scam and highlights the critical need for constant vigilance in the virtual world.

Unveiling the scam

It all began with a phone call received by the victim, who lives in Taware Colony, Pune, on September 5, 2023. The caller, who identified himself as "Manish Pande, department head of HPCL," lured the victim by taking advantage of his online search for an LPG agency. With persuasive tactics, the fraudster claimed to be on the lookout for potential partners.

When a Pune man received a call on September 5, 2023. The caller, who introduced himself as “department head of HPCL”, was actually a cunning fraudster. It turns out, the victim had been searching for an LPG agency online, which the fraudster cleverly used to his advantage. In a twisted plot, the fraudster pretended to be looking for potential locations to establish a new LPG cylinder agency in Pune. 

Enthralled by the illusion

The victim fell for the scam, convinced by the mere presence of "HPCL" in the bank account's name. Firstly victim transferred Rs 14,500 online as “registration fees”. Things got worse when, without suspicion, the victim obediently transferred Rs 1,48,200 on September 11 for a so-called "dealership certificate." To add to the charade of legitimacy, the fraudster even sent the victim registration and dealership certificates via email.

Adding to the deception, the fraudster, who had targeted the victim after discovering his online inquiry, requested photos of the victim's property and personal documents, including Aadhaar and PAN cards, educational certificates, and a cancelled cheque. These seemingly legitimate requests only served to reinforce the victim's belief in the scam.

The fraudster said they were looking for a place to allot a new LPG cylinder agency in Pune and would like to see if the victim’s place fits in their criteria. The victim agreed as it was a profitable business opportunity. The fraudster called the victim to “confirm” that his documents have been verified and assured that HPCL would be allotting him an LPG cylinder agency. On September 12, the fraudster again demanded a sum of money, this time for the issuance of an "HPCL license." 

As the victim responded that he did not have the money, the fraudster insisted on an immediate payment of at least 50 per cent of the stipulated amount. So the victim transferred Rs 1,95,200 online. On the following day the 13th of September 2023, the fraudster asked the victim for the remaining amount. The victim said he would arrange the money in a few days. Meanwhile, on the same day, the victim went to the HPCL’s office in the Pune Camp area with the documents he had received through the emails. The HPCL employees confirmed these documents were fake, even though they looked very similar to the originals. The disclosure was a pivotal moment, causing the victim to fully comprehend the magnitude of the deceit and ultimately pursue further measures against the cybercriminal.

Best Practices

• Ensuring Caller Identity- Prioritize confirming the identity of anyone reaching out to you, especially when conducting financial transactions. Hold back from divulging confidential information until you have verified the credibility of the request. 
• Utilize Official Channels- Communicate with businesses or governmental organizations through their verified contact details found on their official websites or trustworthy sources. Avoid solely relying on information gathered from online searches. 
• Maintaining Skepticism with Unsolicited Communication- Exercise caution when approached by unexpected calls or emails, particularly those related to monetary transactions. Beware of manipulative tactics used by scammers to pressure swift decisions.
• Double-Check Information- To ensure accuracy, it is important to validate the information given by the caller on your own. This can be done by double-checking and cross-referencing the details with the official source. If you come across any suspicious activities, do not hesitate to report it to the proper authorities. 
• Report Suspicious Activities- Reporting can aid in conducting investigations and providing assistance to the victim and also preventing similar incidents from occurring.  It is crucially important to promptly report cyber crimes so law enforcement agencies can take appropriate action. A powerful resource available to victims of cybercrime is the National Cyber Crime Reporting Portal, equipped with a 24x7 helpline number, 1930. This portal serves as a centralized platform for reporting cybercrimes, including financial fraud.

Conclusion

This alarming event serves as a powerful wake-up call to the constant danger posed by online fraud. It is crucial for individuals to remain sceptical, diligently verifying the credibility of unsolicited contacts and steering clear of sharing personal information on the internet. As technology continues to evolve, so do the strategies of cyber criminals, heightening the need for users to stay on guard and knowledgeable in the complex digital world.

References:

• https://indianexpress.com/article/cities/pune/cybercriminal-posing-hindustan-petroleum-official-cheat-pune-man-9081057/
• https://www.timesnownews.com/mirror-now/crime/pune-man-duped-of-rs-3-5-lakh-by-cyber-fraudster-impersonating-hpcl-official-article-106253358

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