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ASSESSING THE LEGAL FRAMEWORK FOR CYBERSECURITY AND DATA PROTECTION

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This article is written by Janvi Goyal of Manipal University, Jaipur, an intern under Legal Vidhiya

ABSTRACT

Anyone who uses the internet must concentrate on security, safety, and privacy. Cybersecurity is the umbrella term for the operations, approaches, and methods used to guard against illicit access, damage, and hacking of devices, networks, software, and material. India has implemented stringent regulations to protect its citizens from cybercrimes, all the while ensuring the welfare of internet users. Cybercrime is a type of criminal conduct that involves the use of computers or other electronic devices as tools, aims, or storage devices for evidence of criminal activity. Plenty cyber laws, that includes the IT Act and the National Cyber Security Policy, have proven to be remarkably effective in preventing illicit use of information. India has rigorous anti-cybercrime laws in place, but the primary challenge facing the nation is minimal public awareness. In order to prevent sending hackers an unfair advantage, those preventing cybercrime should endeavour to forecast both qualitative and quantitative modifications in the underlying materials.

Communication has improved around the world, particularly due to the arrival of the Internet. The growing epidemic of cybercrime, commonly referred to as electronic crimes or e-crimes, constitutes one of the main challenges facing contemporary society. Consequently, cybercrime is a national threat to governments, companies, and communities. Cybercrime has extended to many locations of the planet, and millions of innocent individuals have fallen victim to it. It is undisputed that a shared understanding of such illicit conduct must be developed to effectively tackle e-crime given its severeness, international reach, and implications.

KEYWORDS

Security, safety, privacy, criminal conduct, public awareness, cybercrime

INTRODUCTION

Adequate rules and regulations are necessary to sustain cybersecurity and guarantee data protection in an increasingly electronic era where cyber threats and data breaches are common practice. India has especially challenging circumstances in this area because of its fast-expanding digital economy and large online population. It is indispensable that the nation’s legal structures concerning cybersecurity and data protection be reviewed and tightened as it moves closer to being an international power in the emerging digital economy.

The regulatory framework in India related to data protection and cybersecurity is altering quickly. Significant changes have occurred in the span of the past few years, including the implementation of fresh laws and alterations to the ones that were already in effect. These modifications are a reflection of the government’s realisation of how crucial data privacy and cybersecurity are to building trust, promoting innovation, and safeguarding fundamental rights online.

India’s cybersecurity and data protection laws are based on a careful balancing act that protects citizens’ privacy and national security while also encouraging economic development and innovation. To attain this equilibrium, comprehensive laws, strong enforcement systems, and ongoing adaptation to new risks and developments in technology are needed.

This article looks at the main features of India’s legislative framework for data protection and cybersecurity, including the efficacy of the current laws, difficulties in enforcing them, and potential areas for improvement.

OBJECTIVES

This paper aims to give a concise and comprehensive overview of cyber security and data protection, including relevant case laws and legislation from the Information Technology Act of 2000, the Indian Penal Code of 1860, and other sources. The is designed to give the best explanation possible by containing all necessary information on a single page.

WHAT IS CYBER SECURITY AND DATA PROTECTION?

Cybersecurity is the method of safeguarding computer networks, applications, information, and systems from attacks via the internet, illegal access, loss, or theft. It comprises a broad range of rules and regulations planned to protect digital assets and ensure the confidentiality, reliability, and accessibility of data.

The essential aspects of cybersecurity consist of:

On the other side, data protection is concerned with preserving the integrity, privacy, and confidentiality of sensitive and personal data. It entails making certain that details is gathered, handled, preserved, and sent in accordance with appropriate laws, rules, and corporate best practices, all the while maintaining people’s rights to data security and privacy.

Essentially the fundamentals of data protection are:

In the digital age, data protection and cybersecurity are fundamental components of present-day digital governance that are indispensable for respecting rights, spurring innovation, and sustaining trust.

INDIAN LAWS PERTAINING TO CYBERSPACE

Every action and response that occurs in cyberspace has consequences for law and cyber law.” Legal difficulties appearing in cyberspace are commonly referred to as “cyberlaw”. [1]It is a compendium of numerous regulations envisioned to address and cure the problems and difficulties that people confront on the internet on an everyday basis[2]. There is momentarily no comprehensive law in place to manage cybercrime anywhere in the world because it is a subject that continues to progress towards particularization (Paul & Aithal, 2018). Nonetheless, the Information Technology Act, 2000 was put in place by the Indian government in order to regulate harmful behaviour on the internet that infringes user rights. Provisions that make illegal this sort of conduct in both the IT Act and the IPC might at times overlap. India’s current legislations were unable to be interpreted in the framework of emergency cyberspace to include all aspects related to different internet activities, not even with the most liberal and respectful interpretation. Experience and good discretion have shown that there will be significant dangers and obstacles when interpreting current laws in the context of the evolving internet without drafting new cyber laws.

 Accordingly, it is essential to pass pertinent cyber legislation. There was no legal authority or authentication for cyberspace activity under any of the prevailing laws. For instance, the vast majority of people capitalise on the Internet to access email. Email is still not regarded as “legal” in our country. The nation does not have any laws that give emails constitutional legitimacy or repercussions. Considering there does not constitute an official statute that the Parliament has permitted, our courts and judges have been reticent to give the legality of email judicial truthfulness.

Cyberlaw is becoming increasingly important as a result. Laws involving cyberspace offer electronic documents constitutionality, a framework for e-filing and e-commerce transactions, and a framework for combating and reducing cybercrime. Cybercrime, to put it briefly, is any criminal activity in which a computer is either a tool, a target, or both. Cybercrimes may include conventional criminal acts covered under the Indian Penal Code, such as theft, fraud, forgery, defamation, and mischief. Computer abuse has caused rise to a number of new-age felonies that are controlled by the Information Technology Act of 2000.

“Using a computer as a target” refers to using a computer to carry out an attack against a different machine. For example, DOS attacks, virus/worm attacks, and hacking. Using a Computer as a Weapon: This implies the use of a computer to commit crimes that go beyond the virtual world. Examples include credit card fraud, EFT fraud, cyberterrorism, and invasion of the rights to intellectual property.

CYBER LAWS IN INDIA

INFORMATION TECHNOLOGY ACT, 2000

Since its introduction in 2000, the Information Technology Act has supervised cyber laws in India. By making it simple to register real-time records with the government, this Act strives to ensure legal protection for eCommerce. The growing expertise of cybercriminals and humanity’s propensity to abuse technology brought to a number of changes.

 The Information Technology Act underlines the severe penalties and sanctions that the Indian Parliament passed for safeguarding e-banking, e-governance, and e-commerce organisations. The scope of Indian Technology Act has been broadened to incorporate all of the newest technological advances in communication.

The crucial is the Information Technology Act, which necessitates that all Indian laws strictly monitor cybercrime:

INDIAN PENAL CODE, 1860

Identity theft and associated cyber offences are subject to prosecution under both the Information Technology Act of 2000 and the Indian Penal Code (IPC), 1860.

Cyber scams are addressed in the main pertinent section of the IPC:

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY COMPLIANCE

The most trustworthy global certifying body, the National Institute of Standards and Technology (NIST), has authorised the Cybersecurity Framework (NCFS), which offers a unified approach to cybersecurity.

All of the recommendations, standards, and best practices for adequately handling cyber-related risks are outlined in the “NIST Cybersecurity Framework.” The system’s cost-effectiveness and scalability are its main selling points. It fosters the security and stability of crucial facilities by:

DOMAIN COVERED BY CYBERLAW

There are multiple applications for cyber laws. While some laws shield individuals from becoming victims of crime as a result of unethical behaviour on the web, others oversee how both people and companies utilise computers and the internet. The following are some of the key components that make up cyber law:

Users rely on cyber guidelines to shield them against fraud on the web. To address financial crimes such as credit card theft and online identity theft, legislation has been passed. Federal or state criminal charges may be pursued against the perpetrator of identity theft. A further choice is for a victim to file an action against the defendant. Cyber legal professionals defend and prosecute individuals that are thought to be using the internet to indulge in fraud.

The internet has rendered violations of copyright easier to indulge in. In the early days of online communication, abuses of copyright were all too widespread. Lawyers are needed for businesses as well as individuals to enforce copyright rights. A type of cyber law referred to as copyright infringement protects people’s and businesses’ rights to make cash off of their initial creative works.

A lot of employees use the internet as an avenue for interaction with one another. It could be ruled slander when an individual uses the internet to spread false information. False public reproaches which negatively impact a company’s or an individual’s reputation are strictly prohibited by defamation laws, which are civil statutes. Defamation laws apply to people who use the internet to make statements that are illegal under civil law.

FUTURE OF CYBER LAW

As transnational cyber law grows, many nations acknowledge that their legal frameworks need to be harmonised and that global guidelines and norms must dictate how laws are enacted. Cyber legislation will need to be further explored in the courts. The comprehension gained from technical complexity would require updated interpretations of both substantive and procedural legislation. It will be crucial for the courts to develop a cyber jurisprudence commensurate with our constitutional provisions.

As the world approaches a very unique chronological phase, technology and cyberspace continue to accelerate forward at an accelerated pace. With the events in politics, society, and the economy of 2011 providing as a backdrop, Cyber law trends and issues are anticipated to takeover 2012. Crystal gazing is never simple, specifically when done perfectly.

Anyway, given the current state of jurisprudence and shifting patterns, some significant innovations in Cyber law that are expected to happen in 2012 can be foreseen. Increased network attacks and an urgent need for suitable legislative frameworks for supporting, preserving, and promoting cyber security are anticipated to be the main themes in cyber law in 2012.

Policymakers internationally will face a challenge developing productive enabling legal frameworks that not only secure and preserve cyber security but also aid in promoting a cyber security ethos among netizen users, as data security attacks and vulnerabilities are anticipated to increase sharply in 2012. Many of the current cyber laws in place around the world fail to sufficiently tackle significant cyber security issues.

The adoption of beneficial statutes to support the defence, regular consumption, and improvement of cyber security in relation to the use of computers, computer systems, computer networks, computer resources, and communication devices are likely to receive greater emphasis this year. Cyberlaw makers internationally are going to combine providing genuine remedies to victims of various illicit actions on social media with supervising the use of social media by vested interests.

CASE LAWS

India has experienced a number of accidents that illustrate the importance of a strong legislative framework to address cybercrime and data privacy. In a specific instance, the Indian government voiced concerns regarding WhatsApp’s data-sharing treatments with its parent company Facebook in the 2016 WhatsApp-Facebook data-sharing disagreement[8]. The Delhi High Court ordered WhatsApp to erase any data acquired prior to September 2016 after concluding that the company’s practice of sharing user data with Facebook infringed people’s right to privacy.

The Aadhaar data breach (2019) is a remarkable instance where the personal information of over one billion Indians was compromised by a data breach concerning Aadhaar, the national biometric identity scheme of the Indian government. In accordance to a verdict by the Indian Supreme Court, the government ought to take action in order to protect citizen data and render sure that private information is not misused.

There is a legislative framework for cyber security and data protection in India, yet despite this, the nation has experienced several instances of cybercrime and data breaches. Among the well-known situations are:

Zomato,[9] an Indian e-commerce initialization, had a data breach in 2016 that revealed 17 million customer information, including hashed passwords and email addresses.

The Indian online learning site Unacademy went through a data breach in 2020 that led to the theft of 22 million user records, consisted of account information, passwords, and email addresses.

CONCLUSION

What seems flawlessly structured and indestructible now could not remain that way tomorrow. The internet is a worldwide trend, so it is projected to attract a wide range of illegal activity. India has seen a considerable a decrease in cybercrime with the implementation of the Information Technology Act and the approval of exclusive powers to law enforcement and other authorities to combat cybercrime.

The authority of the human mind is beyond grasp. Cybercrime cannot be entirely eradicated from online. You could look them over. History clarifies that no policy has ever been able to totally eliminate crime worldwide.

Additionally, there is no doubt that the Act represents an important juncture in the history of cyberspace, and I agree that amendments to the Information Technology Act are necessary to make it a stronger tool in battling cybercrime. However, I would want to caution those who encourage legislation by maintaining in mind that the terms of the cyber law aren’t made so strict that they stifle the industry’s growth and become counterproductive.

“The law is not the only way to solve problems.” Despite a solid constitutional basis and their silence, victims stay silent and not receive justice. Cybercrime committed on women serves as an eye-opening illustration of the realities of life. There is a shrinking of the distinctions between the online and offline worlds. Internet criminals believe that there is a lot less complicated and more severe way to commit wrongdoing, ultimately leads to cybercrime. Millions of people use online platforms, making complaint interprets meaningless.

For example, in the recent case of the boy’s locker room, a group of adolescent males from Delhi published photographs of minors and objectified them by making derogatory comments about them on group chats on Instagram and Snapchat. The criminal syndicate was exposed after a girl posted screenshots of the discussion. Women around the nation raised their voices, yet it was evident that they were not frightened. The reason for this is that women are now habitually objectified in society. Since more and more occurrences of male objectification surface every day, women have come to embrace this mindset. Years have passed by, and women are still afraid of heading outside by exposing themselves to the real world. Indeed, the virtual world that she could access from the conveniences of her home has evolved into one that is hazardous.

It is the duty of women to take proactive measures, such as using data security, refusing to leave a digital trail, and locking down everything.

REFERENCES

[1] Patil, J. (2022). Cyber Laws in India: An Overview. Journal of Law and Legal Research, 4 (01), 1391-1411.

[2] Ghate, S., & Agrawal, P. K. (2017). A literature review on cyber security in indian context. J. Comput.Inf. Technol, 8(5), 30-36

[3] Information Technology Act, 2000, § 43, No. 21, Acts of Parliament, 2000 (India)

[4] Ibid § 66

[5] Ibid § 66B

[6] The Indian Penal Code, 1860, § 464, No. 45, Acts of Parliament, 1860 (India).

[7] The Copyright Act, 1957, § 14, No. 14, Acts of Parliament, 1957 (India).

[8] Karmanya Singh Sareen v Union of India

[9] Zomato assault case

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.

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