An Un-implementable Law ? You Bet
Context :
Up To ₹ 250-Crore Fine For Personal Data Breach In New Bill: Sources / NDTV / 18
Extract :
The new data protection Bill being framed by the Centre will have heavy penalties for personal data breach. A penalty of up to ₹ 250 crore can be imposed if the 'data processor' or 'data fiduciary' fails to take reasonable security safeguards to prevent personal data breach, government sources said.
For failure to comply with other provisions of law, a penalty ranging from ₹ 10,000 to ₹ 200 crore can be imposed depending on the nature of non-compliance with provisions of the law.
The new draft Bill has proposed setting up a Data Protection Board of India to administer and enforce the provisions of the proposed new Act.
"If the Board determines at the conclusion of an inquiry that noncompliance by a person is significant, it may, after giving the person a reasonable opportunity of being heard, impose such a financial penalty as specified in Schedule 1, not exceeding rupees five hundred crore in each instance," the draft said.
The draft has proposed a graded penalty system for data fiduciary that will process the personal data of data owners only in accordance with the provisions of the Act.
The same set of penalties will be applicable to the data processor -- which will be an entity that will process data on behalf of the data fiduciary.
The draft has been published and will be open for public comments till December 17.
The proposed data protection bill will put an end to misuse of customer data, and violators will face punitive action under the rule, Minister of State for Electronics and Information Technology (IT) Rajeev Chandrasekhar had recently said.
And here is the proof :
Extract :
Mobile numbers of nearly 500 million WhatsApp users are on sale on the Dark Web. ..
According to Cybernews, an ad posted on a well-known hacking community forum claimed that they are SELLING the 2022 database of 487 million WhatsApp users that include mobile numbers
The report further claims that its researchers confirmed that the leaked database is of ACTIVE WhatsApp users. The leaked dataset reportedly has information off WhatsApp users from 84 countries. It is not clear how hackers got hold of the data
The database comprises phone numbers of WhatsApp users from India, Italy, Saudi Arabia, USA, Russia, UK, Egypt, France and Turkey. WhatsApp has over 2 billion users globally
If you are worried that your data has been hacked , then you can check on Cybernews website to find out
The website has a link > https://cybernews.com/
< that allow users to find out if their phone number has been hacked.
“ Our checker has a 500 GB database of leaked hashed emails “, claims the website
Here are the steps to follow :
Ø Enter the email address/phone number into the search field on the page
Ø Click 'Check Now'
Ø View the search results on the same page
Ø The search results will tell if your email ID or phone number has been hacked
Ø The results also tell the user about the hacking attack/cyber breach in which their data was leaked
{ Note :
When I entered my e-mail ID in this website, it read : Oh ! Your data has been hacked
Then I entered my Mobile No and searched - and got following response :
Your phone number is safe !
MY TAKE :
Imagine following dialogue :
Shri Ashwini Vaishnawji ( Minister – IT ) / AV :
“ Hey, WhatsApp,
You have breached personal data of 500 million users . Out of these, 10 million were Indians. You have violated our brand new / latest version Data Protection Law . Hence pay up Rs 500 crore ( Rs 500 per user – which I have no intention to pass on to the concerned user ) “
Mr Marc Zuckerberg ( MZ ) – owner of WhatsApp :
“ Hey, AV
I have not breached any of your convoluted laws. There has been NO BREACH – just outright SALE of personal data of your Indian users.
Before using my WhatsApp service, your uses have given me their permission to SELL their data by clicking “ I Agree “ on Terms & Conditions of use .
Even where they took the trouble to deny me this RIGHT TO SELL , they agreed , not to hold me responsible for any SUSPECTED BREACH . If, you visit my house and leave your phone in my home and some thief steals it, how can I be held responsible ?
Now, other than some new report, you don’t have any PROOF that any BREACH too place
Has any individual user formally complained to your Data Protection Board that her personal data has been stolen by some hackers from WhataApp database ? Does she have any proof other than so called CyberNews website ? Don’t tell me your mighty Data Protection Board would accept her flimsy proof of a self-appointed sleuth / detective like CyberNews !
AV :
“ MZ, you are leaving me with no option other than filing a case against you in International Court of Justice “
MZ :
“ Please do. Instead of paying you Rs 500 crores, I would rather pay my lawyer Rs 50 Cr , for arguing this case for next 20 years “
Dear Shri vaishnawji,
By way of “ feedback ( due on 17th ), it is not enough to say why the proposed law may be un-implementable
What is much more important is to suggest an alternative that will work
Over the past few years, I have e-mailed following alternative :
SARAL ( Single Authentic
Digital Dividend from Demographic Data [ 4 D ]………… …………….[ 14 Feb 2019 ]
It is not too late to invite EXPERT opinion about my suggestion
With regards,
Hemen Parekh
hcp@RecruitGuru.com / 06 Nov 2022
Related Readings :
Ø Digital Data Protection Bill …………………………………{ 15 Nov 2022 }
Ø Data Protection Bill V 1.0 : RIP …………………………{ 03 Aug 2022 }
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