Meta slapped by EU fine over data privacy breach
Introduction
The European Union has fined the meta $ 1.3 billion for infringing the EU privacy laws by transferring the personal data of Facebook users to the United States. The EU fined Meta’s business in Ireland. As per the European Union, transferring Personal data to the US is a breach of the General data protection Regulation or European Union law on data protection and privacy.
GDPR Compliance
The terms of GDPR promise to gather users’ personal information legally and under strict conditions. And those who collect and manage personal data must protect users’ personal data from exploitation. The GDPR restricts an organisation’s capacity to transfer personal data outside the EU if the transfer is solely based on that body’s evaluation of the sufficiency of the personal data’s protection. Transfers should only be made where European authorities have determined that a third country, a territory within that third country, or an international organisation provides acceptable protection for data protection.
Violation by Meta
The punishment, announced by Ireland’s Data Protection Commission, might be one of the most significant in the five years since the European Union passed the landmark General Data Protection Regulation. According to regulators, Facebook failed to comply with a 2020 judgment by the European Union’s top court that Facebook data transferred over the Atlantic was not sufficiently safeguarded from American espionage agencies. However, whether Meta will ever need to encrypt Facebook users’ data in Europe is still being determined. Meta announced it would appeal the ruling, launching a potentially legal procedure.
Simultaneously, European Union and American officials are negotiating a new data-sharing pact that would provide legal protections for Meta and scores of other companies to continue moving information between the US and Europe. This pact could overturn much of the European Union’s Monday ruling.
Article 46(1) GDPR Has been violated by the meta, And as per the Irish privacy.
What is required by the GDPR before transferring personal information across national boundaries?
Personal data transfers to countries outside the European Economic Area are generally permitted if these nations are regarded to provide a sufficient degree of data protection. According to Article 45 of the GDPR, the European Commission evaluates the degree of personal data protection in third countries.
The European Union judgment demonstrates how government rules are upending the borderless way data has traditionally migrated. Companies are increasingly being pressed to store data within the country where it is acquired rather than allowing it to transfer freely to data centres around the world as a result of data-protection requirements, national security laws, and other regulations.
The US internet giant had previously warned that if forced to stop using SCCs (standard contractual clauses) without a proper alternative data transfer agreement in place, it would be compelled to shut down services such as Facebook and Instagram in Europe.
What will happen next for Facebook in Europe?
The ruling includes a six-month transition period before it must halt data flows, meaning the service will continue to operate in the meantime. (More specifically, Meta has been given a five-month transition period to freeze any future transfer of personal data to the United States and a six-month deadline to terminate the unlawful processing and/or storage of European user data it has previously transferred without a legitimate legal basis. Meta has also stated that it will appeal and appears to seek a stay of execution while it pursues its legal arguments in court.
Conclusion
The GDPR places restrictions on transferring personal data outside the European Union to third-party nations or international bodies to ensure that the GDPR’s level of protection for individuals is not jeopardised. But the meta violated the European Union’s privacy laws by the user’s personal information to the US. Under the compliance of GDPR, transferring and sending personal information to users intentionally is an offence. and presently, the personal data of Facebook users has been breached by the Meta, as they shared the information with the US.
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Introduction
Data protection has been a critical aspect of advocacy and governance all across the world. Data fuels our cyber-ecosystem and strengthens the era of emerging technologies. All industries and sectors are now dependent upon the data of the user. The governments across the world have been deliberating internally to address the issue and legality of Data protection and privacy. The Indian government has witnessed various draft bills and policies focusing on Data protection over the years, and the contemporary bill is the Digital Personal Data Protection Bill, 2023, which was tabled at the Lok Sabha (Lower House of Parliament) on 03 August for discussions and parliamentary assent.
What is DPDP, 2023?
The goal of the complete and comprehensive Digital Personal Data Protection Bill of 2023 is to establish a framework for the protection of personal data in India. The measure acknowledges the significance of protecting personal data and seeks to strike a balance between the necessity to process personal data for legitimate purposes and the right of individuals to do so. The bill establishes a number of crucial expressions and ideas associated with the protection of personal data, including “data fiduciary,” “data principal,” and “sensitive personal data.” It also emphasises the duties of data fiduciaries, including the need to establish suitable security measures to preserve personal data and the need to secure data principals’ consent before processing their personal information. The measure also creates the Data Protection Board of India, which would implement its requirements and guarantee data fiduciaries’ compliance. The board will have the authority to look into grievances, give directives, and impose sanctions for non-compliance.
Key Features of the Bill
The bill tabled at the parliament has the following key features:
- The 2023 bill imposes reasonable obligations on data fiduciaries and data processors to safeguard digital personal data.
- Under the 2023 bill, a new Data Protection Board is established, which will ensure compliance, remedies and penalties.
- Under the new bill, the Board has been entrusted with the power equivalent to 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 2023 bill also secures more rights of 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.
- 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.
- 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’ pertaining to the conditions in regard to Sovernity and Intergrity of India.
- There is an introduction of the negative list, which restricts cross-data transfer.
Additionally, the measure makes special provisions for the processing of children’s personal data and acknowledges the significance of protecting children’s privacy. Additionally, it highlights the rights of the data subjects, including their right to access their personal information, their right to have wrong information corrected, and their right to be forgotten.
Drive4CyberPeace
A campaign was undertaken by CyberPeace to gain a critical understanding of what people understand about Data privacy and protection in India. The 4-month long campaign led to a pan-India interaction with netizens from different areas and backgrounds. The thoughts and opinions of the netizens were understood and collated in the form of a whitepaper which was, in turn, presented to Parliamentarians and government officials. The whitepaper laid the foundation of the recommendations submitted to the Ministry of Electronics and Information Technology as part of the stakeholder consultation.
Conclusion
Overall, the Digital Personal Data Protection Bill of 2023 is an important step towards safeguarding Indian citizens’ privacy and personal data. It creates a regulatory agency to guarantee compliance and enforcement and offers a thorough framework for data protection. The law includes special measures for the protection of sensitive personal data and the personal data of children and acknowledges the significance of striking a balance between the right to privacy and the necessity of data processing.
Introduction
The digital expanse of the metaverse has recently come under scrutiny following a gruesome incident. In a digital realm crafted for connection and exploration, a 16-year-old girl’s avatar falls victim to an agonising assault that kindled the fire of ethno-legal and societal discourse. The incident is a stark reminder that the cyberverse, offering endless possibilities and experiences, also has glaring challenges that require serious consideration. The incident involves a sixteen-year-old teen girl being raped through her digital avatar by a few members of Metaverse.
This incident has sparked a critical question of genuine psychological trauma inflicted by virtual experiences. The incident with a 16-year-old girl highlights the strong emotional repercussions caused by illicit virtual actions. While the physical realm remains unharmed, the digital assault can leave permanent scars on the psyche of the girl. This issue raises a critical question about the ethical implications of virtual interactions and the responsibilities of service providers to protect users' well-being on their platforms.
The Judicial Quagmire
The digital nature of these assaults gives impetus to complex jurisdictions which are profound in cyber offences. We are still novices in navigating the digital labyrinth where avatars have the ability to transcend borders with just a click of a mouse. The current legal structure is not equipped to tackle virtual crimes, calling for urgent reforms in critical legal structure. The Policymakers and legal Professionals must define virtual offenses first with clear and defined jurisdictional boundaries ensuring justice isn’t hampered due to geographical restrictions.
Meta’s Accountability
Meta, a platform where this gruesome incident occurred, finds itself at the crossroads of ethical dilemma. The company implemented plenty of safeguards that proved futile in preventing such harrowing acts. The incident has raised several questions about the broader role and responsibilities of tech juggernauts. Some of the questions demanding immediate answers as how a company can strike a balance between innovation and the protection of its users.
The Tightrope of Ethics
Metaverse is the epitome of innovation, yet this harrowing incident highlights a fundamental ethical contention. The real challenge is to harness the power of virtual reality while addressing the risks of digital hostilities. Society is still facing this conundrum, stakeholders must work in tandem to formulate robust and effective legal structures to protect the rights and well-being of users. This also includes balancing technological development and ethical challenges which require collective effort.
Reflections of Society
Beyond legal and ethical considerations, this act calls for wider societal reflections. It emphasises the pressing need for a cultural shift fostering empathy, digital civility and respect. As we tread deeper into the virtual realm, we must strive to cultivate ethos upholding dignity in both the digital and real world. This shift is only possible through awareness campaigns, educational initiatives and strong community engagement to foster a culture of respect and responsibility.
Safer and Ethical Way Forward
A multidimensional approach is essential to address the complicated challenges cyber violence poses. Several measures can pave the way for safer cyberspace for netizens.
- Legislative Reforms - There’s an urgent need to revamp legislative frameworks to mitigate and effectively address the complexities of these new and emerging virtual offences. The tech companies must collaborate with the government on formulating best practices and help develop standard security measures prioritising user protection.
- Public Awareness and Engagement - Initiating public awareness campaigns to educate users on crucial issues such as cyber resilience, ethics, digital detox and responsible online behaviour play a critical role in making netizens vigilant to avoid cyber hostilities and help fellow netizens in distress. Civil society organisations and think tanks such as CyberPeace Foundation are the pioneers of cyber safety campaigns in the country, working in tandem with governments across the globe to curb the evil of cyber hostilities.
- Interdisciplinary Research: The policymakers should delve deeper into the ethical, psychological and societal ramifications of digital interactions. The multidisciplinary approach in research is crucial for formulating policy based on evidence.
Conclusion
The digital Gang Rape is a wake-up call, demanding the bold measure to confront the intricate legal, societal and ethical pitfalls of the metaverse. As we navigate digital labyrinth, our collective decisions will help shape the metaverse's future. By nurturing the culture of empathy, responsibility and innovation, we can forge a path honouring the dignity of netizens, upholding ethical principles and fostering a vibrant and safe cyberverse. In this significant movement, ethical vigilance, diligence and active collaboration are indispensable.
References:
- https://www.thehindu.com/sci-tech/technology/virtual-gang-rape-reported-in-the-metaverse-probe-underway/article67705164.ece
- https://thesouthfirst.com/news/teen-uk-girl-virtually-gang-raped-in-metaverse-are-indian-laws-equipped-to-handle-similar-cases/
Cyber attacks in India besides becoming common are also getting deadlier. Each strike has taken proportions to drive home the fact that no one is safe.
Hacker ‘John Wick’, hasn’t spared India’s PM or Paytm. Cyber intelligence firm Cyble which dredges the Dark Web has red-flagged hacking episodes at Truecaller, Dunzo, Unacademy, Naukri.com, Bharat Earth Movers Limited (BEML), LimeRoad and IndiaBulls.Picture this, Mumbai-based cybersecurity firm Sequretek, says in Covid-hit 2020, India has seen a 4000% spike in phishing emails and a 400% uptake in the number of policy violations that have grown over 400% as per the latest statistics.Besides the threat to crucial data, the cost suffered by companies is phenomenal. According to a report by IBM’s ‘Cost of a Data Breach Report 2020’ report, Indian companies witnessed an average $2 Mn total cost of data breach in 2020, this is an increase of 9.4% from 2019.
Another survey by Barracuda Networks revealed that 66% of Indian organisations have had at least one data breach or cybersecurity incident since shifting to a remote working model during the pandemic.
Indian Startups At Mercy Of Cyber Attacks
More recently personal data of 2.8 Lakh WhiteHat Jr students and teachers were exposed, where crucial details of minors have been made available on the dark web. Another major breach that took place this week and exclusively reported by Inc42 was when data of 1.4 Mn job seekers was leaked when jobs portal IIMjobs was hacked.
Vineet Kumar, the founder of Cyber Peace Foundation (CPF), a think tank of cybersecurity and policy experts, said that with the increased digitisation of companies and their processes, data has become the new oil.
“You get good money when you sell users data on the dark web. Hackers discovering vulnerabilities and using SQL injections to pull entire databases remains a common practice for hacking,” Kumar told Inc42.
The CyberPeace Foundation says from mid-April to the end of June it noticed 8,98,7841 attacks, July and August saw 64,52,898 attacks. Whereas September and October saw 1,37,37,516 attacks and 18,149,233 attacks respectively.
Speaking to Inc42, Pankit Desai, cofounder and CEO, Sequretek says, “Originally only a limited set of systems were being exposed, now with WFH all systems have to be exposed to the internet as all your processes are enabled remotely. WFH also creates an additional challenge where ‘personal assets are being used for professional purposes’ and ‘professional assets are being used for personal purposes.”
Malwares like SpyMax, Blackwater are being used as a combination of phishing mails and poorly secured home computers to harvest credentials. These credentials are then used for carrying out attacks. The number of attacks with harvested credentials is already up 30%, the company revealed.
Government data shows that in 2019 alone, India witnessed 3.94 lakh instances of cybersecurity breaches. In terms of hacking of state and central government websites, Indian Computer Emergency Response Team (CERT-In) data shows that a total of 336 websites belonging to central ministries, departments, and state governments were hacked between 2017 and 2019.
According to Nasscom’s Data Security Council of India (DSCI) report 2019, India witnessed the second-highest number of cyber attacks in the world between 2016 and 2018. This comes at a time when digitisation of the Indian economy is predicted to result in a $435 Bn opportunity by 2025.On September 22, the Ministry of Electronics and Information Technology (MeITY) told the Parliament that Indian citizens, commercial and legal entities faced almost 7 lakh cyberattacks till August this year.
The Indian Computer Emergency Response Team (CERT-In) has “reported 49,455, 50,362, 53,117, 208,456, 394,499 and 696,938 cybersecurity incidents during the year 2015, 2016, 2017, 2018, 2019 and 2020 (till August) respectively,” the MeITY said while responding to an unstarred question in the Lok Sabha regarding cyberattacks on Indian citizens and India-based commercial and legal entities.“
India also lacks a cohesive nation-wide cyber-strategy, policies, and procedures. Regulations around data privacy, protection, and penalty should be enacted and enforced as these measures will help businesses evaluate their cybersecurity posture and seek ways to improve. Currently, incident reporting is not mandatory. By making it compulsory, there will be a body of research data that can provide insights on threats to India and inform the government on strategies it can undertake to strengthen the nation’s cyber posture,” said Kumar Ritesh, founder and CEO, Cyfirma.The Internet Crime Report for 2019, released by the USA’s Internet Crime Complaint Centre of the Federal Bureau of Investigation (FBI), has revealed that India stands third in the world among top 20 countries that are victims of internet crimes.
Kumar attributes these numbers to Indian’s lack of basic cyber awareness. However, a poignant point is also the lack of a robust cybersecurity policy in India. Though the issue was touched upon by Prime Minister Narendra Modi during his Independence Day speech on Aug 15, 2020, not much movement has happened on that front.
“Cybersecurity is a very important aspect, which cannot be ignored. The government is alert on this and is working on a new, robust policy,” Modi said.The PM’s announcement was made in the backdrop of the government’s initiative to connect 1.5 lakh gram panchayats through an optical fiber network, thereby increasing the country’s internet connectivity.
With India pipped to take on the world with its IT prowess and increased digital integration the need for a robust policy is now more than ever.
Source: https://inc42.com/buzz/3-94-lakhs-and-counting-how-cyberattacks-are-a-worry-for-digital-india/
