#FactCheck: Viral video of Unrest in Kenya is being falsely linked with J&K

Introduction

According to a draft of the Digital Personal Data Protection Bill, 2023, the Indian government may have the authority to reduce the age at which users can agree to data processing to 14 years. Companies requesting consent to process children’s data, on the other hand, must demonstrate that the information is handled in a “verifiably safe” manner.

The Central Government might change the age limit for consent

The proposed Digital Personal Data Protection Bill 2022 in India attempts to protect child’s personal data under the age of 14 through several provisions. The proposed lower age of consent in India under the Digital Personal Data Protection Bill 2022 is to loosen relevant norms and fulfil the demands of Internet corporations. After a year, the government may reconsider the definition of a child with the goal of expanding coverage to children under the age of 14. The proposed shift in the age of consent has elicited varied views, with some experts suggesting that it might potentially expose children to data processing concerns.

The definition of a child is understood to have been amended in the data protection Bill, which is anticipated to be submitted in Parliament’s Monsoon session, to an “individual who has not completed the age of eighteen years or such lower age as the central government may notify.” A child was defined as an “individual who has not completed eighteen years of age” in the 2022 draft.

Under deemed consent, the government has also added the 'legitimate business interest' clause

This clause allows businesses to process personal data without obtaining explicit consent if it is required for their legitimate business interests. The measure recognises that corporations have legitimate objectives, such as innovation, that can be pursued without jeopardising privacy.‍

Change in Data Protection Boards

The Digital Personal Data Protection Bill 2022, India’s new plan to secure personal data, represents a significant shift in strategy by emphasising outcomes rather than legislative compliance. This amendment will strengthen the Data Protection Board’s position, as its judgments on noncompliance complaints will establish India’s first systematic jurisprudence on data protection. The Cabinet has approved the bill and may be introduced in Parliament in the Monsoon session starting on July 20.

The draft law leaves the selection of the Data Protection Board’s chairperson and members solely to the discretion of the central government, making it a central government set-up board. The government retains control over the board’s composition, terms of service, and so on. The bill does specify, however, that the Data Protection Board would be completely independent and will have a strictly adjudicatory procedure to adjudicate data breaches. It has the same status as a civil court, and its rulings can be appealed.

India's first regulatory body in Charge of preserving privacy

Some expected amendments to the law include a blacklist of countries to which Indian data cannot be transferred and fewer penalties for data breaches. The bill’s scope is limited to processing digital personal data within Indian territory, which means that any offline personal data and anything not digitised will be exempt from the legislation’s jurisdiction. Furthermore, the measure is silent on the governance of digital paper records.

Conclusion

The Digital Personal Data Protection Bill 2022 is a much-needed piece of legislation that will replace India’s current data protection regime and assist in preserving individuals’ rights. Central Government is looking for a change in the age for consent from 18 to 14 years. The bill underlines the need for verifiable parental consent before processing a child’s personal data, including those under 18. This section seeks to ensure that parents or legal guardians have a say in the processing of their child’s personal data.

Introduction

The Chairman of Vardhman Group, Mr SP Oswal, an India-based textile manufacturer, fell victim to a cyber fraud scheme that cost him ₹7 crore. The scam unfolded on August 28 and 29, conning Mr Oswal into transferring Rs 7 crore into multiple bank accounts. As per the recent reports, the Police have managed to freeze these accounts and recover over Rs 5 crore as of now. The fraudsters convinced Mr SP Oswal that he was a suspect in a money laundering investigation and held on a “Digital Arrest”. These are sophisticated cyber frauds where cyber-criminals impersonate law enforcement officials or other authorities and target innocent individuals with manipulative tactics. The scam targets are often contacted out of the blue, on Instant messaging apps like WhatsApp and informed that their bank accounts, digital identities, or other online assets have been compromised. Criminals play into the victims' fear by threatening them with imminent arrest, legal consequences, or public humiliation if they don't cooperate with a series of urgent demands.

Posing as Officials, Fraudsters Orchestrate ₹7 Crore Scam

The investigation revealed that the fraudsters posed as members of the Central Bureau of Investigation (CBI). They had contacted Mr Oswal and claimed that his Aadhaar had been misused in a case involving fake passports and financial fraud. The imposter conducted a video call in a police uniform using a background with the CBI logo. The fraud escalated further, Mr Oswal got a fake "arrest warrant" on  WhatsApp allegedly authorised by the Supreme Court. Fraudsters convinced Mr Oswal to transfer ₹7 crores to facilitate bail proceedings, claiming he was under "digital arrest". The meticulously planned scam involved fake documents, a virtual courtroom, and relentless intimidation tactics leaving Mr Oswal effectively under "digital arrest" for two days. While the police have successfully recovered over Rs 5 crore so far, this case highlights the alarming threat of digital impersonation of law enforcement authorities.

Legal Outlook on the Validity of Digital Arrests

In India, the main laws governing cyber crimes are the Information Technology Act, of 2000 and the rules made under therein, and the newly enacted Bhartiya Nyaya Sanhita, 2023. Recently enacted new criminal laws do not provide for any provision for law enforcement agencies conducting a digital arrest.  The law only provides for service of the summons and the proceedings in an electronic mode. Hence, there are no provisions for conducting 'digital arrests' as per the laws of the country. 

Further, It should be noted that the Indian Cyber Crime Coordination Centre (I4C), under the Ministry of Home Affairs, coordinates the activities related to combating cybercrime in the country. MHA works closely with other ministries to counter these frauds. The I4C also provides technical support to the police authorities of states/UTs for the identification and investigation of these cases. 

Best Practices to Avoid Digital Arrest Scams 

• To protect yourself from scams, it is crucial to verify the identity of individuals claiming to be law enforcement or government officials and use official contact channels to confirm their credentials. 
• Be cautious of pressure tactics used by fraudsters, especially demands for quick payment over unverified communication platforms like WhatsApp. 
• Cross-check official documents with legal advisors or relevant authorities. 
• Never share sensitive personal information, such as your Aadhaar number, over phone calls, emails, or messages without verifying the request's authenticity. 
• Avoid untraceable payments, such as cryptocurrency or prepaid cards, without validating the transaction's legitimacy, especially under duress. 
• Stay informed on scam techniques, particularly those involving impersonation and digital threats. 
• Enable Two-Factor Authentication (2FA) for sensitive online accounts to prevent misuse. 
• Consult advice from legal professionals if you receive threatening communication involving digital arrest or legal actions and do not take any action on the asks of persons posing as legitimate authorities. 
• In case of any cybercrime, you can file a complaint at cybercrime.gov.in or helpline number 1930. You can also seek assistance from the CyberPeace helpline at +91 9570000066.

Conclusion

The digital arrest of Vardhman Group's CEO underscores the increasing sophistication of cyber fraud schemes, which exploit fear and urgency, leading to severe financial and reputational harm. No one is immune from cybercrime, vigilance is essential at all leadership levels. While laws like the IT Act and initiatives taken by the I4C help combat cybercrime, rapidly evolving threats demand proactive safety measures. Beyond the possibility of financial loss, incidents like this jeopardise brand reputation, investor confidence, and operational stability. Be cautious of such threats and exercise due care and caution while navigating the digital landscape. Be aware of such kinds of scams and the manipulative tactics used by fraudsters to avoid them. By staying vigilant and aware we can avoid the growing scam of digital arrests. 

References

• https://www.business-standard.com/companies/news/digital-arrest-and-rs-7-crore-heist-how-vardhman-group-head-was-tricked-124100100832_1.html
• https://www.hindustantimes.com/business/vardhman-group-chairman-sp-oswal-duped-of-rs-7-crore-fraudsters-posed-as-cbi-101727666912738.html 
• https://www.msspalert.com/native/digital-arrests-the-new-frontier-of-cybercrime

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Along with the loss of important files and information, data loss can result in downtime and lost revenue. Unexpected occurrences, including natural catastrophes, cyber-attacks, hardware malfunctions, and human mistakes, can result in the loss of crucial data. Recovery from these without a backup plan may be difficult, if not impossible.

The fact is that the largest threat to the continuation of your organization today is cyberattacks. Because of this, disaster recovery planning should be approached from a data security standpoint. If not, you run the risk of leaving your vital systems exposed to a cyberattack. Cybercrime has been more frequent and violent over the past few years. In the past, major organizations and global businesses were the main targets of these attacks by criminals. But nowadays, businesses of all sizes need to be cautious of digital risks.

Many firms might suffer a financial hit even from a brief interruption to regular business operations. But imagine if a situation forced a company to close for a few days or perhaps weeks! The consequences would be disastrous.

One must have a comprehensive disaster recovery plan in place that is connected with the cybersecurity strategy, given the growing danger of cybercrime.

Let’s look at why having a solid data security plan and a dependable backup solution are essential for safeguarding a company from external digital threats.

1. Apply layered approaches

One must specifically use precautionary measures like antivirus software and firewalls. One must also implement strict access control procedures to restrict who may access the network.

One must also implement strict access control procedures to restrict who may access the network.

2. Understand the threat situation

If someone is unaware of the difficulties one should be prepared for, how can they possibly expect to develop a successful cybersecurity strategy? They can’t, is the simple response.

Without a solid understanding of the threat landscape, developing the plan will require a lot too much speculation. With this strategy, one can allocate resources poorly or perhaps completely miss a threat.

Because of this, one should educate themselves on the many cyber risks that businesses now must contend with.

3. Adopt a proactive security stance

Every effective cybersecurity plan includes a number of reactive processes that aren’t activated until an attack occurs. Although these reactive strategies will always be useful in cybersecurity, the main focus of your plan should be proactiveness.

There are several methods to be proactive, but the most crucial one is to analyze your network for possible threats regularly. your network securely. Having a SaaS Security Posture Management (SSPM) solution in place is beneficial for SaaS applications, in particular.

A preventive approach can lessen the effects of a data breach and aid in keeping data away from attackers.

4. Evaluate your ability to respond to incidents

Test your cybersecurity disaster recovery plan’s effectiveness by conducting exercises and evaluating the outcomes. Track pertinent data during the exercise to see if your plan is working as expected.

Meet with your team after each drill to evaluate what went well and what didn’t. This strategy enables you to continuously strengthen your plan and solve weaknesses. This procedure may be repeated endlessly and should be.

You must include cybersecurity protections in your entire disaster recovery plan if you want to make sure that your business is resilient in the face of cyber threats. You may strengthen data security and recover from data loss and corruption by putting in place a plan that focuses on both the essential components of proactive data protection and automated data backup and recovery.

For instance, Google distributes all data among several computers in various places while storing each user’s data on a single machine or collection of machines. To prevent a single point of failure, chunk the data and duplicate it across several platforms. As an additional security safeguard, they give these data chunks random names that are unreadable to the human eye.^[1]

The process of creating and storing copies of data that may be used to safeguard organizations against data loss is referred to as backup and recovery. In the case of a main data failure, the backup’s goal is to make a duplicate of the data that can be restored.

5. Take zero-trust principles

Don’t presume that anything or anybody can be trusted; zero trust is a new label for an old idea. Check each device, user, service, or other entity’s trustworthiness before providing it access, then periodically recheck trustworthiness while access is allowed to make sure the entity hasn’t been hacked. Reduce the consequences of any breach of confidence by granting each entity access to only the resources it requires. The number of events and the severity of those that do happen can both be decreased by using zero-trust principles.

6. Understand the dangers posed by supply networks

A nation-state can effectively penetrate a single business, and that business may provide thousands of other businesses with tainted technological goods or services. These businesses will then become compromised, which might disclose their own customers’ data to the original attackers or result in compromised services being offered to customers. Millions of businesses and people might be harmed as a result of what began with one infiltrating corporation.

In conclusion, a defense-in-depth approach to cybersecurity won’t vanish. Organizations may never be able to totally eliminate the danger of a cyberattack, but having a variety of technologies and procedures in place can assist in guaranteeing that the risks are kept to a minimum.

References:

• https://www.comparitech.com/vpn/cybersecurity-cyber-crime-statistics-facts-trends/
• https://www.google.com/about/datacenters/data-security/
• https://www.ibm.com/in-en/topics/cybersecurity
• https://www.cybersecurityforme.com/what-is-the-future-of-cybersecurity/

[1] https://www.google.com/about/datacenters/data-security/