#FactCheck -Viral video of Yogi Adityanath and Ravi Kishan’s march is not a UGC protest

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

Established in the US, one of the world’s largest cab networks came into existence in 2010 and, since its inception, has expanded all over the globe with operations in 10,000 cities across 71 countries. It made a remarkable start in India in 2017 and, since then, has seen a rise in the customers and drivers for the company. India is among the largest markets for Uber, with 600,000 monthly drivers and 8.5 million monthly riders.

GeM

Government e-Marketplace (GeM) is a one-stop portal to facilitate online procurement of common-use Goods & Services required by various Government Departments / Organizations / PSUs. GeM aims to enhance transparency, efficiency and speed in public procurement. It provides the tools of e-bidding, reverses e-auction and demand aggregation to facilitate government users achieve the best value for their money. Government e-Marketplace owes its genesis to the recommendations of two Groups of Secretaries to the Prime Minister in January 2016. They recommended setting up a dedicated e-market for different goods & services procured or sold by Government/PSUs besides reforming DGS&D. Subsequently, the Finance Minister, in his Budget speech for FY 2016-17, announced setting up of a technology-driven platform to facilitate procurement of goods and services by various Ministries and agencies of the Government. The portal was launched on 9th August 2016 by the Commerce & Industry Minister.

Uber-GeM collaboration

The cab network giant has registered on the portal of the Government E-marketplace and has declared that it will offer its services to Government officials from Ministries and PSUs. The project is currently in its pilot phase and shall be executed systematically to cover all the ministries and PSUs in the nation. The officials can book cabs at a fixed price with no cancellation or surge fees on the rides. The authorised officials will be able to book a cab from the portal and select from the list of drivers available. It will be a cashless/cardless ride for the officials; additional vehicle categories for government riders have been added, namely, GeM Yatraa Hatch and GeM Yatraa Sedan, and there will be hourly rentals for multiple-stops, allowing the government officials to enjoy the flexible and easily accessible network of cabs in major cities.

Advantages

Such collaboration between Government institutions and corporates will go a long way to secure a stable equilibrium in the market. Uber, a US-based company, enjoys a vast user base in India and has created new job avenues. The advantages of the collaboration between GeM and Uber are as follows-

Easy accessibility

This will undoubtedly provide ease in accessibility in terms of being in a new place, and language barriers will no longer exist with such options for Government officials.

Increased jobs for drivers

With more cabs being engaged with ministries and PSUs, it is pertinent that the requirement for drivers will grow, thus increasing the employability rate in India and allowing the user to have an uninterrupted experience.

Ease of travel and commuting

This move will provide flexibility, thus leading to more ease in travel in cases of emergencies or places inaccessible by trains or other modes of transport.

Rise in travel and tourism

Coupled with the other factors, the opportunities for the users to visit different places will be an added advantage which will help boost the tourism industry, thus creating a balance in the market.

Sustainable Government corporate relationship

Such collaborations between the government and corporates will be substantial, signifying the ease of doing business in India. They will also act as a beacon of example for compliance with opportunities for the other companies and stakeholders.

Opportunities for collaboration with ingenious start-ups

With such major corporate joining hands with the government, the indigenous start-ups will have various opportunities to engage with companies and recreate similar businesses rooted in India, thus transforming the economy.

Conclusion

Transportation and communication play a vital role in our lives, thus, such collaboration will go a long way in creating a better and more uniform user experience in the country. This also goes a long way to showcase that the Governmental platforms also offer services of a global standard. Such portals exist in South Korea, Singapore, the US and Europe. The network of cabs can only be sustained using the locals as drivers, hence these collaborations are win-win for all as the market dynamics are improving, employability will increase, and improved user experience will be seen.

Introduction:

Former Egyptian MP Ahmed Eltantawy was targeted with Cytrox’s predator spyware through links sent via SMS and WhatsApp. Former Egyptian MP Ahmed Eltantawy has been targeted with Cytrox’s Predator spyware in a campaign believed to be state-sponsored cyber espionage. After Eltantawy made his intention to run for president in the 2024 elections known, the targeting took place between May and September 2023. The spyware was distributed using links sent via SMS and WhatsApp, network injection, and visits to certain websites by Eltantawy. The Citizen Lab examined the assaults with the help of Google's Threat Analysis Group (TAG), and they were able to acquire an iPhone zero-day exploit chain that was designed to be used to install spyware on iOS versions up to 16.6.1.

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Investigation: The Ahmed Eltantawy Incident

Eltantawy's device was forensically examined by The Citizen Lab, which uncovered several efforts to use Cytrox's Predator spyware to target him. In the investigation, The Citizen Lab and TAG discovered an iOS exploit chain utilised in the attacks against Eltantawy. They started a responsible disclosure procedure with Apple, and as a consequence, it resulted in the release of updates patching the vulnerabilities used by the exploit chain. Mobile zero-day exploit chains may be quite expensive, with black market values for them exceeding millions of dollars. The Citizen Lab also identified several domain names and IP addresses associated with Cytrox’s Predator spyware. Additionally, a network injection method was also utilised to get the malware onto Eltantawy's phone, according to the study. He would be discreetly routed to a malicious website using network injection when he went to certain websites that weren't HTTPS.

‍What is Cyber Espionage?

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Cyber espionage, also referred to as cyber spying, is a sort of cyberattack in which an unauthorised user tries to obtain confidential or sensitive information or intellectual property (IP) for financial gain, business benefit, or political objectives.

Apple's Response: A Look at iOS Vulnerability Patching

Users are advised to keep their devices up-to-date and enable lockdown Mode on iPhones. Former Egyptian MP targeted with predator spyware ahead of 2024 presidential run hence Update your macOS Ventura, iOS, and iPadOS devices, as Apple has released emergency updates to address the flaws. Apple has Released Emergency Updates Amid Citizen Lab’s Disclosure. Apple has issued three emergency updates for iOS, iPadOS (1), and macOS Ventura (2).

The updates address the following vulnerabilities:

CVE-2023-41991,

CVE-2023-41992,

CVE-2023-41993.

Apple customers are advised to immediately install these emergency security updates to protect themselves against potential targeted spyware attacks. By updating promptly, users will ensure that their devices are secure and cannot be compromised by such attacks exploiting these particular zero-day vulnerabilities. Hence it is advisable to maintain up-to-date software and enable security features in your Apple devices.

Conclusion:

Ahmed Eltantawy, a former Egyptian MP and presidential candidate, was targeted with Cytrox’s Predator spyware after announcing his bid for the presidency.  He was targeted by Cytrox Predator Spyware Campaign. Such an incident is believed to be State-Sponsored Cyber Espionage.  The incident raises the question of loss of privacy and shows the mala fide intention of the political opponents. The investigation Findings reveal that Ahmed Eltantawy was the victim of a sophisticated cyber espionage campaign that leveraged Cytrox’s Predator spyware. Apple advised that all users are urged to update their  Apple devices. This case raises alarming concerns about the lack of controls on the export of spyware technologies and underscores the importance of security updates and lockdown modes on Apple devices.

References:

• https://uksnackattack.co.uk/predator-in-the-wires-ahmed-eltantawy-targeted-by-predator-spyware-upon-presidential-ambitions-announcement
• https://citizenlab.ca/2023/09/predator-in-the-wires-ahmed-eltantawy-targeted-with-predator-spyware-after-announcing-presidential-ambitions/#:~:text=Between%20May%20and%20September%202023,in%20the%202024%20Egyptian%20elections.
• https://thehackernews.com/2023/09/latest-apple-zero-days-used-to-hack.html
• https://www.hackread.com/zero-day-ios-exploit-chain-predator-spyware/

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