DPDP Bill 2023 A Comparative Analysis
Introduction
THE DIGITAL PERSONAL DATA PROTECTION BILL, 2022 Released for Public Consultation on November 18, 2022THE DIGITAL PERSONAL DATA PROTECTION BILL, 2023Tabled at LokSabha on August 03. 2023Personal data may be processed only for a lawful purpose for which an individual has given consent. Consent may be deemed in certain cases.The 2023 bill imposes reasonable obligations on data fiduciaries and data processors to safeguard digital personal data.There is a Data Protection Board under the 2022 bill to deal with the non-compliance of the Act.Under the 2023 bill, there is the Establishment of a new Data Protection Board which will ensure compliance, remedies and penalties.
Under the new bill, the Board has been entrusted with the power of a civil court, such as the power to take cognisance in response to personal data breaches, investigate complaints, imposing penalties. Additionally, the Board can issue directions to ensure compliance with the act.The 2022 Bill grants certain rights to individuals, such as the right to obtain information, seek correction and erasure, and grievance redressal.The 2023 bill also grants More Rights to Individuals and establishes a balance between user protection and growing innovations. The bill creates a transparent and accountable data governance framework by giving more rights to individuals. In the 2023 bill, there is an Incorporation of Business-friendly provisions by removing criminal penalties for non-compliance and facilitating international data transfers.
The new 2023 bill balances out fundamental privacy rights and puts reasonable limitations on those rights.Under the 2022 bill, Personal data can be processed for a lawful purpose for which an individual has given his consent. And there was a concept of deemed consent.The new data protection board will carefully examine the instance of non-compliance by imposing penalties on non-compiler.The bill does not provide any express clarity in regards to compensation to be granted to the Data Principal in case of a Data Breach.Under 2023 Deemed consent is there in its new form as ‘Legitimate Users’.The 2022 bill allowed the transfer of personal data to locations notified by the government.There is an introduction of the negative list, which restricts cross-data transfer.
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Executive Summary:
A social media viral post claims to show a mosque being set on fire in India, contributing to growing communal tensions and misinformation. However, a detailed fact-check has revealed that the footage actually comes from Indonesia. The spread of such misleading content can dangerously escalate social unrest, making it crucial to rely on verified facts to prevent further division and harm.
Claim:
The viral video claims to show a mosque being set on fire in India, suggesting it is linked to communal violence.
Fact Check
The investigation revealed that the video was originally posted on 8th December 2024. A reverse image search allowed us to trace the source and confirm that the footage is not linked to any recent incidents. The original post, written in Indonesian, explained that the fire took place at the Central Market in Luwuk, Banggai, Indonesia, not in India.
Conclusion: The viral claim that a mosque was set on fire in India isn’t True. The video is actually from Indonesia and has been intentionally misrepresented to circulate false information. This event underscores the need to verify information before spreading it. Misinformation can spread quickly and cause harm. By taking the time to check facts and rely on credible sources, we can prevent false information from escalating and protect harmony in our communities.
- Claim: The video shows a mosque set on fire in India
- Claimed On: Social Media
- Fact Check: False and Misleading
Pretext
The Army Welfare Education Society has informed the Parents and students that a Scam is targeting the Army schools Students. The Scamster approaches the students by faking the voice of a female and a male. The scamster asks for the personal information and photos of the students by telling them they are taking details for the event, which is being organised by the Army welfare education society for the celebration of independence day. The Army welfare education society intimated that Parents to beware of these calls from scammers.
The students of Army Schools of Jammu & Kashmir, Noida, are getting calls from the scamster. The students were asked to share sensitive information. Students across the country are getting calls and WhatsApp messages from two numbers, which end with 1715 and 2167. The Scamster are posing to be teachers and asking for the students’ names on the pretext of adding them to the WhatsApp Groups. The scamster then sends forms links to the WhatsApp groups and asking students to fill out the form to seek more sensitive information.
Do’s
- Do Make sure to verify the caller.
- Do block the caller while finding it suspicious.
- Do be careful while sharing personal Information.
- Do inform the School Authorities while receiving these types of calls and messages posing to be teachers.
- Do Check the legitimacy of any agency and organisation while telling the details
- Do Record Calls asking for personal information.
- Do inform parents about scam calling.
- Do cross-check the caller and ask for crucial information.
- Do make others aware of the scam.
Don’ts
- Don’t answer anonymous calls or unknown calls from anyone.
- Don’t share personal information with anyone.
- Don’t Share OTP with anyone.
- Don’t open suspicious links.
- Don’t fill any forms, asking for personal information
- Don’t confirm your identity until you know the caller.
- Don’t Reply to messages asking for financial information.
- Don’t go to a fake website by following a prompt call.
- Don’t share bank Details and passwords.
- Don’t Make payment over a prompt fake call.
Introduction
With the rise of AI deepfakes and manipulated media, it has become difficult for the average internet user to know what they can trust online. Synthetic media can have serious consequences, from virally spreading election disinformation or medical misinformation to serious consequences like revenge porn and financial fraud. Recently, a Pune man lost ₹43 lakh when he invested money based on a deepfake video of Infosys founder Narayana Murthy. In another case, that of Babydoll Archi, a woman from Assam had her likeness deepfaked by an ex-boyfriend to create revenge porn.
Image or video manipulation used to leave observable traces. Online sources may advise examining the edges of objects in the image, checking for inconsistent patterns, lighting differences, observing the lip movements of the speaker in a video or counting the number of fingers on a person’s hand. Unfortunately, as the technology improves, such folk advice might not always help users identify synthetic and manipulated media.
The Coalition for Content Provenance and Authenticity (C2PA)
One interesting project in the area of trust-building under these circumstances has been the Coalition for Content Provenance and Authenticity (C2PA). Started in 2019 by Adobe and Microsoft, C2PA is a collaboration between major players in AI, social media, journalism, and photography, among others. It set out to create a standard for publishers of digital media to prove the authenticity of digital media and track changes as they occur.
When photos and videos are captured, they generally store metadata like the date and time of capture, the location, the device it was taken on, etc. C2PA developed a standard for sharing and checking the validity of this metadata, and adding additional layers of metadata whenever a new user makes any edits. This creates a digital record of any and all changes made. Additionally, the original media is bundled with this metadata. This makes it easy to verify the source of the image and check if the edits change the meaning or impact of the media. This standard allows different validation software, content publishers and content creation tools to be interoperable in terms of maintaining and displaying proof of authenticity.
The standard is intended to be used on an opt-in basis and can be likened to a nutrition label for digital media. Importantly, it does not limit the creativity of fledgling photo editors or generative AI enthusiasts; it simply provides consumers with more information about the media they come across.
Could C2PA be Useful in an Indian Context?
The World Economic Forum’s Global Risk Report 2024, identifies India as a significant hotspot for misinformation. The recent AI Regulation report by MeitY indicates an interest in tools for watermarking AI-based synthetic content for ease of detecting and tracking harmful outcomes. Perhaps C2PA can be useful in this regard as it takes a holistic approach to tracking media manipulation, even in cases where AI is not the medium.
Currently, 26 India-based organisations like the Times of India or Truefy AI have signed up to the Content Authenticity Initiative (CAI), a community that contributes to the development and adoption of tools and standards like C2PA. However, people are increasingly using social media sites like WhatsApp and Instagram as sources of information, both of which are owned by Meta and have not yet implemented the standard in their products.
India also has low digital literacy rates and low resistance to misinformation. Part of the challenge would be showing people how to read this nutrition label, to empower people to make better decisions online. As such, C2PA is just one part of an online trust-building strategy. It is crucial that education around digital literacy and policy around organisational adoption of the standard are also part of the strategy.
The standard is also not foolproof. Current iterations may still struggle when presented with screenshots of digital media and other non-technical digital manipulation. Linking media to their creator may also put journalists and whistleblowers at risk. Actual use in context will show us more about how to improve future versions of digital provenance tools, though these improvements are not guarantees of a safer internet.
The largest advantage of C2PA adoption would be the democratisation of fact-checking infrastructure. Since media is shared at a significantly faster rate than it can be verified by professionals, putting the verification tools in the hands of people makes the process a lot more scalable. It empowers citizen journalists and leaves a public trail for any media consumer to look into.
Conclusion
From basic colour filters to make a scene more engaging, to removing a crowd from a social media post, to editing together videos of a politician to make it sound like they are singing a song, we are so accustomed to seeing the media we consume be altered in some way. The C2PA is just one way to bring transparency to how media is altered. It is not a one-stop solution, but it is a viable starting point for creating a fairer and democratic internet and increasing trust online. While there are risks to its adoption, it is promising to see that organisations across different sectors are collaborating on this project to be more transparent about the media we consume.
References
- https://c2pa.org/
- https://contentauthenticity.org/
- https://indianexpress.com/article/technology/tech-news-technology/kate-middleton-9-signs-edited-photo-9211799/
- https://photography.tutsplus.com/articles/fakes-frauds-and-forgeries-how-to-detect-image-manipulation--cms-22230
- https://www.media.mit.edu/projects/detect-fakes/overview/
- https://www.youtube.com/watch?v=qO0WvudbO04&pp=0gcJCbAJAYcqIYzv
- https://www3.weforum.org/docs/WEF_The_Global_Risks_Report_2024.pdf
- https://indianexpress.com/article/technology/tech-news-technology/ai-law-may-not-prescribe-penal-consequences-for-violations-9457780/
- https://thesecretariat.in/article/meity-s-ai-regulation-report-ambitious-but-no-concrete-solutions
- https://www.ndtv.com/lifestyle/assam-what-babydoll-archi-viral-fame-says-about-india-porn-problem-8878689
- https://www.meity.gov.in/static/uploads/2024/02/9f6e99572739a3024c9cdaec53a0a0ef.pdf
