BEYOND
MARGINS
X
CIVIS
Perfecting Laws for a Perfect Reality
BY GRACE D'SOUZA/ FEBRUARY 17, 2024
The complex interplay between legislation, digital rights, and economic interests advocates for a fair and secure digital future, focusing on promoting inclusivity and transparency.
he legislation’s effect on digital rights is undeniable. In a world increasingly reliant on digital platforms, legal frameworks are necessary to navigate this evolving world. Digital rights encompass the rules and regulations governing our online activities. In an era dominated by technology and interconnectedness, understanding and safeguarding our digital rights have become incredibly crucial. Digital rights go beyond traditional concepts, extending to the realm of cyberspace, where users advocate for a spectrum of rights to ensure a fair and empowering online experience. These rights span a wide array of dimensions, including privacy, freedom of expression, data security, and equal access.
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Users seek the assurance that their personal information remains confidential, their expressions are protected, and their access to digital resources is equitable. Think of them as guidelines dictating how individuals, companies, and governments interact digitally. These rules are crucial in ensuring a fair and secure online environment for everyone and possess the potential to shape and alter the foundations of economic structures.
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Pictured: Illustration by unknown via Pinterest
Digital rights often exhibit distinctions among consumers, businesses, and e-commerce. For instance, consumers tend to prioritise privacy, seeking secure handling of personal data and businesses, on the other hand, seek to balance innovation with ethical data practices. E-commerce, as a whole, generally emphasises secure transactions and fostering trust in the online shopping experience.
The digital world provides a breeding ground for various forms of cybercrimes and digital frauds because as technology advances, so do the methods employed by cybercriminals to exploit vulnerabilities in the online space.
The necessity of digital rights becomes evident when we confront the challenges associated with having a digital identity. Financial fraud stands out as a prominent concern in this sense. The digital world provides a breeding ground for various forms of cybercrimes and digital frauds because as technology advances, so do the methods employed by cybercriminals to exploit vulnerabilities in the online space. Financial fraud, encompassing activities such as identity theft and unauthorised transactions, poses a considerable threat to individuals and businesses alike.
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Pictured: Illustration by unknown via pinterest
As per a recent study conducted by a start-up affiliated with IIT Kanpur, financial frauds in India constituted more than 75% of cybercrimes from January 2020 to June 2023, with nearly half of the cases linked to UPI and internet banking, The study, detailed in the whitepaper 'A Deep Dive into Cybercrime Trends Impacting India' from the Future Crime Research Foundation (FCRF), disclosed that social media-related offences, such as impersonation-based cheating, cyber-bullying, sexting, and email phishing, comprised 12% of online crimes during this period. FCRF highlighted that within online financial frauds constituting the majority of offences at 77.41%, concerns encompassed fraudulent activities related to online financial transactions. This category included subcategories such as debit/credit card fraud, business email compromise, internet banking-related fraud, and notably prevalent UPI fraud, accounting for 47.25% of the cases. Additionally, 1.57% of online crimes were related to hacking or damage to computer systems, involving unauthorised access, data breach, email hacking, and website defacement or hacking.
India's response to cybercrimes in the past has heavily relied on existing cyber security laws including the Information Technology Act of 2000, the Payment and Settlement Systems Act of 2007, the Information Technology Rules of 2011, and the National Cyber Security Policy of 2013. Despite numerous revisions and amendments, these laws, initially tailored for e-commerce and cybercrime offences, struggled to adapt to the evolving cybersecurity landscape. In 2022, the Indian government proposed the Digital India Act (DIA) to modernise the legal framework for the country's digital ecosystem. However, despite the official announcement by Mr. Rajeev Chandrasekhar, the Minister of State for the Ministry of Electronics and Information Technology, the intended replacement of the Information Technology Act of 2000 (IT Act) with the DIA did not materialise in 2023. The DIA was designed to address the negative impacts of artificial intelligence (AI) and align with Digital India Goals 2026, aspiring to achieve a USD 1 trillion digital economy.
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While India aims to shape global technologies through its vast internet user base, the government faced challenges in implementing the DIA in 2023. The new legislation was envisioned to be adaptable to changing market trends, technological disruptions, and international standards. It intended to employ a 'principles & rule-based approach' for efficient regulation, providing a legislative framework for compliance. Despite these aspirations, the DIA's enactment and execution were deferred to the next government in 2024.
Instead, the President of India formally enacted the Digital Personal Data Protection (DPDP) Act, 2023. Passed in August, this legislation aims to balance individuals' data protection rights with the lawful processing of data. It introduces financial penalties for breaches, offering a more comprehensive approach to data privacy. Pre-2022, India lacked a comprehensive privacy law, a gap emphasised by the Supreme Court in 2017. The court's recognition of the right to privacy prompted the government to draft legislation. Despite earlier unsuccessful attempts like the Data Protection Bill 2021, the DPDP Act emerged in 2023 as a significant step towards comprehensive data privacy regulation.
Balancing the needs and concerns of all entities is crucial. Lawmakers should create regulations that foster a conducive environment, ensuring a fair and secure digital future for everyone. Privacy regulations which are designed to protect individuals' data compel businesses to reassess their practices. This results in substantial compliance costs. These compliance costs refer to the expenses incurred in adopting modern technologies, training employees, and regularly updating privacy control systems.
Lawmakers should create regulations that foster a conducive environment, ensuring a fair and secure digital future for everyone.
As digital laws continue to evolve, businesses and governments face complex challenges with substantial and widespread financial implications, such as the significant costs associated with ensuring compliance with privacy regulations and the investment required in cybersecurity measures. Recognising this, there is a sharp need for platforms that allow for different opinions and hold responsibility for taking them to concerned authorities.
Addressing the challenges posed by weak and limited laws, organisations play a pivotal role in advocating for robust digital rights and legislation. The existing legal framework often falls short, particularly when it comes to providing effective solutions after a fraud has occurred. In response, all laws and regulations involve multiple stakeholders, including the government, companies, customers, and citizens. Platforms that facilitate public consultations are essential to bridge the gap and ensure a more comprehensive approach. This inclusive approach allows different perspectives and opinions to be considered, enabling lawmakers to better understand and address the diverse needs and concerns of all entities involved.
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Pictured: Illustration by unknown via pinterest
Addressing the challenges posed by weak and limited laws, organisations play a pivotal role in advocating for robust digital rights and legislation.
One such platform civis.vote, stands out as it promotes open dialogue with the public, maintaining transparency in the law-making process and facilitating the successful implementation of new laws. Here, individuals can provide feedback on draft legislation and actively participate in discussions, contributing to shaping laws, including those related to digital rights.
While government bodies contemplate new policies, initiatives, and regulations, they must recognise the importance of considering the perspectives of stakeholders. Civis provides an accessible platform for individuals to offer feedback on proposed laws or policies. The platform presents a clear summary of draft bills, making them more understandable to a broader audience. Citizens can then systematically share their opinions, suggestions, and concerns. This approach fosters a more transparent, inclusive, and collaborative legislative process.
Keywords
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Legislation effect on digital right, digital frauds, cybercrime, E commerce, FCRF, cyber security, 2023 DIA , negative impacts of AI , principles and rule based approach, privacy rights, civis.vote
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References
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Chauriha, S. (2023, August 8). Explained: The Digital India Act 2023. Vidhi Legal Policy. https://vidhilegalpolicy.in/blog/explained-the-digital-india-act-2023/
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Drishti IAS. (2023, March 10). Digital India Act, 2023. Drishti IAS. https://www.drishtiias.com/daily-updates/daily-news-analysis/digital-india-act-2023
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Gowda, R. (n.d.). Data Protection and digital rights in India: Safeguarding privacy in the digital sphere. Legal Service India - Law, Lawyers and Legal Resources. https://www.legalserviceindia.com/legal/article-13899-data-protection-and-digital-rights-in-india-safeguarding-privacy-in-the-digital-sphere.html
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Hindustan Times. (2023, September 18). Financial fraud top cyber crime in India; Upi, e-banking most targeted: Study. Hindustan Times. https://www.hindustantimes.com/business/financial-fraud-top-cyber-crime-in-india-upi-e-banking-most-targeted-study-101695036325725.html
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Ministry of Electronics and Information Technology - Government of India. (2023, March 9). Bengaluru. https://www.meity.gov.in/writereaddata/files/DIA_Presentation%2009.03.2023%20Final.pdf
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