Centre Proposes New Bills for Criminal Law

Introduction

Assisted Reproductive Technology (“ART”) refers to a diverse set of medical procedures designed to aid individuals or couples in achieving pregnancy when conventional methods are unsuccessful. This umbrella term encompasses various fertility treatments, including in vitro fertilization (IVF), intrauterine insemination (IUI), and gamete and embryo manipulation. ART procedures involve the manipulation of both male and female reproductive components to facilitate conception.

The dynamic landscape of data flows within the healthcare sector, notably in the realm of ART, demands a nuanced understanding of the complex interplay between privacy regulations and medical practices. In this context, the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011, play a pivotal role, designating health information as "sensitive personal data or information" and underscoring the importance of safeguarding individuals' privacy. This sensitivity is particularly pronounced in the ART sector, where an array of personal data, ranging from medical records to genetic information, is collected and processed. The recent Assisted Reproductive Technology (Regulation) Act, 2021, in conjunction with the Digital Personal Data Protection Act, 2023, establishes a framework for the regulation of ART clinics and banks, presenting a layered approach to data protection.

A note on data generated by ART

Data flows in any sector are scarcely uniform and often not easily classified under straight-jacket categories. Consequently, mapping and identifying data and its types become pivotal. It is believed that most data flows in the healthcare sector are highly sensitive and personal in nature, which may severely compromise the privacy and safety of an individual if breached. The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 (“SPDI Rules”) categorizes any information pertaining to physical, physiological, mental conditions or medical records and history as “sensitive personal data or information”; this definition is broad enough to encompass any data collected by any ART facility or equipment. These include any information collected during the screening of patients, pertaining to ovulation and menstrual cycles, follicle and sperm count, ultrasound results, blood work etc. It also includes pre-implantation genetic testing on embryos to detect any genetic abnormality. 

But data flows extend beyond mere medical procedures and technology. Health data also involves any medical procedures undertaken, the amount of medicine and drugs administered during any procedure, its resultant side effects, recovery etc. Any processing of the above-mentioned information, in turn, may generate more personal data points relating to an individual’s political affiliations, race, ethnicity, genetic data such as biometrics and DNA etc.; It is seen that different ethnicities and races react differently to the same/similar medication and have different propensities to genetic diseases. Further, it is to be noted that data is not only collected by professionals but also by intelligent equipment like AI which may be employed by any facility to render their service. Additionally, dissemination of information under exceptional circumstances (e.g. medical emergency) also affects how data may be classified. Considerations are further nuanced when the fundamental right to identity of a child conceived and born via ART may be in conflict with the fundamental right to privacy of a donor to remain anonymous. 

Intersection of Privacy laws and ART laws: 

In India, ART technology is regulated by the Assisted Reproductive Technology (Regulation) Act, 2021 (“ART Act”). With this, the Union aims to regulate and supervise assisted reproductive technology clinics and ART banks, prevent misuse and ensure safe and ethical practice of assisted reproductive technology services. When read with the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and other ancillary guidelines, the two legislations provide some framework regulations for the digital privacy of health-based apps.

The ART Act establishes a National Assisted Reproductive Technology and Surrogacy Registry (“National Registry”) which acts as a central database for all clinics and banks and their nature of services. The Act also establishes a National Assisted Reproductive Technology and Surrogacy Board (“National Board”)  under the Surrogacy Act to monitor the implementation of the act and advise the central government on policy matters. It also supervises the functioning of the National Registry, liaises with State Boards and curates a code of conduct for professionals working in ART clinics and banks. Under the DPDP Act, these bodies (i.e. National Board, State Board, ART clinics and banks) are most likely classified as data fiduciaries (primarily clinics and banks), data processors (these may include National Board and State boards) or an amalgamation of both (these include any appropriate authority established under the ART Act for investigation of complaints, suspend or cancellation of registration of clinics etc.) depending on the nature of work undertaken by them. If so classified, then the duties and liabilities of data fiduciaries and processors would necessarily apply to these bodies. As a result, all bodies would necessarily have to adopt Privacy Enhancing Technologies (PETs) and other organizational measures to ensure compliance with privacy laws in place. This may be considered one of the most critical considerations of any ART facility since any data collected by them would be sensitive personal data pertaining to health, regulated by the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 (“SPDI Rules 2011”). These rules provide for how sensitive personal data or information are to be collected, handled and processed by anyone.

The ART Act independently also provides for the duties of ART clinics and banks in the country. ART clinics and banks are required to inform the commissioning couple/woman of all procedures undertaken and all costs, risks, advantages, and side effects of their selected procedure. It mandatorily ensures that all information collected by such clinics and banks to not informed to anyone except the database established by the National Registry or in cases of medical emergency or on order of court. Data collected by clinics and banks (these include details on donor oocytes, sperm or embryos used or unused) are required to be detailed and must be submitted to the National Registry online. ART banks are also required to collect personal information of donors including name, Aadhar number, address and any other details. By mandating online submission, the ART Act is harmonized with the DPDP Act, which regulates all digital personal data and emphasises free, informed consent.

Conclusion

With the increase in active opt-ins for ART, data privacy becomes a vital consideration for all healthcare facilities and professionals. Safeguard measures are not only required on a corporate level but also on a governmental level. It is to be noted that in the 262 Session of the Rajya Sabha, the Ministry of Electronics and Information Technology reported 165 data breach incidents involving citizen data from January 2018 to October 2023 from the Central Identities Data Repository despite publicly denying. This discovery puts into question the safety and integrity of data that may be submitted to the National Registry database, especially given the type of data (both personal and sensitive information) it aims to collate. At present the ART Act is well supported by the DPDP Act. However, further judicial and legislative deliberations are required to effectively regulate and balance the interests of all stakeholders.

References

• The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011
• Caring for Intimate Data in Fertility Technologies https://dl.acm.org/doi/pdf/10.1145/3411764.3445132 
• Digital Personal Data Protection Act, 2023
• https://www.wolterskluwer.com/en/expert-insights/pharmacogenomics-and-race-can-heritage-affect-drug-disposition  

Introduction

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As the calendar pages turn inexorably towards 2024, a question looms large on the horizon of our collective consciousness: Are we cyber-resilient? This is not a rhetorical flourish but a pragmatic inquiry, as the digital landscape we navigate is fraught with cyberattacks and disruptions that threaten to capsize our virtual vessels.

What, then, is Cyber Resilience? It is the capacity to prepare for, respond to, and recover from these cyber squalls. Picture, if you will, a venerable oak amid a howling gale. The roots, those unseen sinews, delve deep into the earth, anchoring the tree – this is preparation. The robust trunk and flexible branches, swaying yet unbroken, embody response. And the new growth that follows the storm's rage is recovery. Cyber resilience is the digital echo of this natural strength and flexibility.

The Need for Resilience

Why, you might ask, is Cyber Resilience of such paramount importance as we approach 2024? The answer lies in the stark reality of our times:

• A staggering half of businesses have been breached by cyberattacks in the past three years.
• The financial haemorrhage from these incursions is projected to exceed a mind-numbing $10 trillion by the end of 2024.
• The relentless march of technology has not only brought innovation but also escalated the arms race against cyber threats.
• Cyber resilience transcends mere cybersecurity; it is a holistic approach that weaves recovery and continuity into the fabric of digital defenses.
• The adaptability of organisations, often through measures such as remote working protocols, is a testament to the evolving strategies of cyber resilience.

• The advent of AI and Machine Learning heralds a new era of automated cyber defense, necessitating an integrated framework that marries security with continuity protocols.
• Societal awareness, particularly of social engineering tactics, and maintaining public relations during crises are now recognised as critical elements of resilience strategies.
• Cyber threats have evolved in sophistication, paralleling the intense competition to develop new AI-driven solutions.
• As we gaze towards the future, cyber resilience is expected to be a prominent trend in both business and consumer technology sectors throughout 2024.

The Virtues 

The benefits of cyber resilience for organisations are manifold, offering a bulwark against the digital onslaught:

• A reduction in the risk of data breaches, safeguarding sensitive information and customer data.
• Business continuity, ensuring operations persist with minimal disruption.
• Protection of reputation, as companies that demonstrate effective cyber resilience engender trust.
• Compliance with data protection and privacy regulations, thus avoiding fines and legal entanglements.
• Financial stability, as the costs associated with breaches can be mitigated or even prevented.
• Enhanced customer trust, as clients feel more secure with companies that take cybersecurity seriously.
• A competitive advantage in a market rife with cyber threats.
• Innovation and agility, as cyber-resilient companies can pivot and adapt without fear of digital disruptions.
• Employee confidence, leading to improved morale and productivity.
• Long-term savings by sidestepping the expenses of frequent or major cyber incidents.

As the year wanes, it is a propitious moment to evaluate your organisation's cyber resilience. In this edition, we will guide you through the labyrinth of cyber investment buy-in, tailored discussions with stakeholders, and the quintessential security tools for your 2024 cybersecurity strategy.

How to be more Resilient 

Cyber resilience is more than a shield; it is the preparedness to withstand and recover from a cyber onslaught. Let us explore the key steps to fortify your digital defenses:

• Know your risks: Map the terrain where you are most vulnerable, identify the treasures that could be plundered, and fortify accordingly.
• Get the technology right: Invest in solutions that not only detect threats with alacrity but also facilitate rapid recovery, all the while staying one step ahead of the cyber brigands.
• Involve your people: Embed cybersecurity awareness into the fabric of every role. Train your crew in the art of recognising and repelling digital dangers.
• Test your strategies: Regularly simulate incidents to stress-test your policies and procedures, honing your ability to contain and neutralise threats.
• Plan for the worst: Develop a playbook so that everyone knows their part in the grand scheme of damage control and communication in the event of a breach.
• Continually review: The digital seas are ever-changing; adjust your sails accordingly. Cyber resilience is not a one-time endeavour but a perpetual commitment.

Conclusion 

As we stand on the precipice of 2024, let us not be daunted by the digital storms that rage on the horizon. Instead, let us embrace the imperative of cyber resilience, for it is our steadfast companion in navigating the treacherous waters of the cyber world. Civil Society Organizations such as ‘CyberPeace Foundation’ playing a crucial role in promoting cyber resilience by bridging the gap between the public and cybersecurity complexities, conducting awareness campaigns, and advocating for robust policies to safeguard collective digital interests. Their active role is imperative in fostering a culture of cyber hygiene and vigilance.

References 

• https://www.loginradius.com/blog/identity/cybersecurity-trends-2024/
• https://ciso.economictimes.indiatimes.com/news/ciso-strategies/cisos-guide-to-2024-top-10-cybersecurity-trends/106293196

Executive Summary:

A viral clip where the Indian batsman Virat Kohli is shown endorsing an online casino and declaring a Rs 50,000 jackpot in three days as a guarantee has been proved a fake. In the clip that is accompanied by manipulated captions, Kohli is said to have admitted to being involved in the launch of an online casino during the interview with Graham Bensinger but this is not true. Nevertheless, an investigation showed that the original interview, which was published on YouTube in the last quarter of 2023 by Bensinger, did not have the mentioned words spoken by Kohli. Besides, another AI deepfake analysis tool called Deepware labelled the viral video as a deepfake.

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Claims:

The viral video states that cricket star Virat Kohli gets involved in the promotion of an online casino and ensures that the users of the site can make a profit of Rs 50,000 within three days. Conversely, the CyberPeace Research Team has just revealed that the video is a deepfake and not the original and there is no credible evidence suggesting Kohli's participation in such endorsements. A lot of the users are sharing the videos with the wrong info title over different Social Media platforms.

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Fact Check:

As soon as we were informed about the news, we made use of Keyword Search to see any news report that could be considered credible about Virat Kohli promoting any Casino app and we found nothing. Therefore, we also used Reverse Image Search for Virat Kohli wearing a Black T-shirt as seen in the video to find out more about the subject. We landed on a YouTube Video by Graham Bensinger, an American Journalist. The clip of the viral video was taken from this original video.

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Video link

In this video, he discussed his childhood, his diet, his cricket training, his marriage, etc. but did not mention anything regarding a newly launched Casino app by the cricketer.

Through close scrutiny of the viral video we have noticed some inconsistencies in the lip-sync and voice. Subsequently, we executed Deepfake Detection in Deepware tool and identified it to be Deepfake Detected.

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Finally, we affirm that the Viral Video Is Deepfakes Video and the statement made is False.

Conclusion:

The video has gone viral and claims that cricketer Virat Kohli is the one endorsing an online casino and assuring you that in three days time you will be a guaranteed winner of Rs 50,000. This is all a fake story. This incident demonstrates the necessity of checking facts and a source before believing any information, as well as remaining sceptical about deepfakes and AI (artificial intelligence), which is a new technology used nowadays for spreading misinformation.

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