Blogs

NSE Outrage – Is it act of Cyber War?

By NEERAJ AARORA posted 05 Mar, 2021
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India needs to enhance cyber security to critical infrastructure to conquer China proxy war The recent technical glitch or outrage on NSE, by whatever name it is referred, seems to be part of the cyber attack from China or other international hacking groups acting on behest of China. Consequent to the Galwan Valley incident and events deciphering thereafter, China has to face embarrassment at their domestic as well as international level. The attack on the national stock exchange which forms part of critical infrastructure could be part of the series of attacks done by the China since Galwan Valley incident. Similar attacks were on the power grid ...
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TURKEY TIGHTENS INTERNET & SOCIAL MEDIA WITH NEW RULES

By Ali Guden posted 05 Feb, 2021
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1. Introduction A number of fundamental changes were made in the Law No. 5651 on "Regulating Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts ( Legislation )", came into force on 22/05/2007, with the Law No. 7352 on "Regulating Publications on the Internet and Combating Crimes Committed Through These Publications" ( Amendment ), which was published in the Official Gazette on July 31, 2020, which is called the Social Media Law in the press. 2. Reasons Aforementioned legislation, which was accepted by the General Assembly of the Turkish Grand National Assembly, aims to regulate the relationship between users ...
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AAROGYA SETU: Is Govt. Data Protector or Violator?

By NEERAJ AARORA posted 03 Nov, 2020
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Possible misuse of sensitive personal data was the main ground for blocking Chinese web-applications, wherein the government invoked the power under Section 69A of Information Technology Act, 2000 (hereinafter referred to as the IT Act), terming it as a threat to the sovereignty and integrity of the country. Sensitive personal data can be used as a weapon due to its inherent characteristic of allowing you to launch an attack through sheer narrative power. This has been established in various cases where its use in causing riots, influencing the election outcomes, disinformation campaign during the war, shaping the ideologies by terrorist and anti-national ...
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Is your partner spying on you???

By NEERAJ AARORA posted 30 Oct, 2020
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Spyware evidence is playing a decisive role in court cases. Recently, Delhi high court has admitted evidence collected through spyware illegally installed by the husband in his wife mobile. Gone are the days when you have to steal the data by physically accessing the device, Now, spyware has enabled stealing data remotely and covertly with minimal chances of detection and the prosecution. Further the privacy has become paramount due to capturing of personal sensitive data by multiple devices / applications used by an individual. In such scenarios, the exposure to spyware can be fatal in terms of espionage or data loss whether it may be personal and professional ...
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Why Government fears prosecuting Twitter?

By NEERAJ AARORA posted 24 Oct, 2020
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What stops the Government of India from initiating prosecution against Twitter, when it has committed a criminal offence which requires the offenders to be prosecuted as per law? If the boundary of India would have been changed in the map on paper or the internet in general, it would have attracted a criminal offence whereas the impact of changing geo-location is more serious as it would not only cause more impact on the residents of the area as well as on our soldiers fighting on border but also for the entire world community considering the vast traffic on Twitter. If it would have been done by some other company, the law would have taken its course in registration ...
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Arbitration Clauses against Public Policy are Unconscionable & Unenforceable: District Court Observed

By NEERAJ AARORA posted 03 Oct, 2020
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“Moral of the story is if we make ‘Arbitration Clauses’ sacred or unquestionable then in the disputes of strong and weak, justice may not win but stronger party would always win” – Hon’ble District Judge, Sh. L. K. Gaur The entire world is moving towards alternative dispute resolution for faster, inexpensive and procedural flexibility as compared to the court litigation. In order to encourage the adjudication through ADR, the legislation has been amended the Law to include mandatory recourse to these remedies before proceedings in the court. The Government of India has also amended the Arbitration and Conciliation Act. 1996 in 2015 to make the act ...
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Arbitration Clauses against Public Policy are Unconscionable & Unenforceable: District Court Observed

By NEERAJ AARORA posted 03 Oct, 2020
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“Moral of the story is if we make ‘Arbitration Clauses’ sacred or unquestionable then in the disputes of strong and weak, justice may not win but stronger party would always win” – Hon’ble District Judge, Sh. L. K. Gaur The entire world is moving towards alternative dispute resolution for faster, inexpensive and procedural flexibility as compared to the court litigation. In order to encourage the adjudication through ADR, the legislation has been amended the Law to include mandatory recourse to these remedies before proceedings in the court. The Government of India has also amended the Arbitration and Conciliation Act. 1996 in 2015 to make the act more ...
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Cyber-Security: The Vulnerability of Medical Institutions to Cyber-Attacks

By Sharda Balaji posted 21 Nov, 2019
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McAfee researchers were able to modify the vital sign data in real time providing false information to medical personnel by switching the heartbeat records from 80 beats a second to zero within five seconds. You would have woken up to news that Medstar patient records database was subject to ransom ware cyber-attack and was asked to pay bitcoins. Unfortunately, the hospital did not have backup of medical records and in some cases, they had to turn away the patients. These incidents, unfortunately, are not stray incidents. There are various technologies converging and a rapid increase in machine to machine communications. It is predicted that by 2025, most ...
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The Electronic Commerce Law is approved in El Salvador

By Adán Araujo posted 05 Nov, 2019
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On October 31 st , 2019 the Salvadoran Legislative Assembly approved the Electronic Commerce Law, which establishes the legal framework of electronic commercial relations and the validity of contracts electronically executed. The approval of this law implies that in El Salvador, as of the date in which is coming into force: (i) Any person, established in El Salvador, that performs by itself or through intermediaries, commercial transactions through the use of any kind of technology or through interconnected communication networks, must comply with all the obligations imposed by that law; (ii) Contracts electronically executed will produce all the effects provided ...
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Los derechos de los titulares de los datos personales en El Salvador

By Adán Araujo posted 12 Sep, 2019
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El Derecho a la Autodeterminación Informativa, el cual tiene por objeto preservar la información de las personas que se encuentra contenida en registros públicos o privados frente a su utilización arbitraria pretende satisfacer la necesidad de las personas de preservar su identidad ante la revelación y el uso de los datos que les conciernen y los protege frente a la ilimitada capacidad de archivarlos, relacionarlos y transmitirlos, derecho que está reconocido en el Artículo 2 de la Constitución de la República de El Salvador y en virtud del mismo, conforme a lo establecido por la Sala de lo Constitucional en la Sentencia dictada en el Procedo de Amparo número ...
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LEGAL PROVISIONS FOR A COMPANY’S DIGITAL TRANSFORMATION IN MEXICO.

By Luis Mario Lemus Rivero posted 02 May, 2019
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¿What is digital transformation? Digital transformation is the activity prone to the reconstruction of the internal dynamics of a company to adapt them to the present and future needs. The purpose of companies’ digital transformation is to not fall behind and assure their survival through time. Nowadays, companies searching for a real transformation are focusing their efforts in the so-called “Industrial Revolution 4.0”. This revolution is the merging of two worlds: the world of Information Technology and the world of Operational Technology, whether using the cloud, artificial intelligence, Internet of Things or Blockchain -among others- to be more ...
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Ecommerce: Intermediary’s liabilities and duties

By Sohini Mandal posted 13 Nov, 2018
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The Delhi High Court in the case of Christian Louboutin SAS v. Nakul Bajaj and Ors. [i] , (hereinafter Louboutin case) has dealt in detail the circumstances where an E-commerce platform could be considered as an intermediary and when it loses the safe harbour under the Information Technology Act, 2000 (“Act”). The facts of the case are as follows. The defendant has been operating a website named www.darveys.com (“Website”) offering for sale, various luxury products including the plaintiff’s brand of luxury shoes under the brand “Christian Louboutin”. The plaintiff (Christian Louboutin SAS), claims that the Website gives an impression that ...
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Data Localisation: India's policy framework

By Sohini Mandal posted 19 Sep, 2018
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The Personal Data Protection Bill, 2018 (“Bill”) and the Data Protection Committee’s (“Committee”) Report (released on 27 July 2018) contains the framework and the policymakers’ insight on protection of personal data in India. The recent Draft e-commerce policy indicates Government’s thought process on storing data in India. The Reserve Bank of India (RBI) in April this year mandates that all data generated by the payment systems in India, is to be stored in India. The Ministry of Health and Welfare has published the draft legislation called Digital Information Security in Healthcare Act , to safeguard e-health records and patients’ privacy. Thus, all ...
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DISHA: Data Ownership, Security, Consent for health data

By Sohini Mandal posted 18 Sep, 2018
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Acting on its vision for a National eHealth Authority (“NeHA”), the Ministry of Health and Welfare had introduced a draft bill for Digital Information Security in Healthcare Act (“DISHA” or “Draft Bill”). DISHA’s main purpose, as per its preamble is to (i) establish NeHA, State eHealth Authorities (“SeHA”) and Health Information Exchanges; (ii) standardise and regulate the process related to collection, storing, transmission and use of digital health data; (iii) and to ensure reliability, data privacy, confidentiality and security of digital health data”. Our previous note on the overview of DISHA can be read here https://novojuris.com/2018/08/12/disha-the-future-direction-of-digital-health-information-in-india/ ...
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DISHA- The future direction of digital health information in India

By Sohini Mandal posted 14 Sep, 2018
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The Ministry of Health and Welfare in the year 2015 published a note on establishing a National eHealth Authority (“NeHA”) to regulate the emerging usage of electronic mediums in healthcare, especially for maintenance of e-Health records and digital health information across India. The goal of NeHA is “ to ensure development and promotion of eHealth ecosystem in India for enabling, the organization, management and provision of effective people-centred health services to all in an efficient, cost-effective and transparent manner”. The Ministry Health and Welfare (“Ministry”), eHealth Department has been working on developing international standards for creating, ...
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Personal Data Protection Bill, 2018 – An overview with brief analysis

By Sharda Balaji posted 27 Aug, 2018
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Justice BN Srikrishna Committee (“Committee”) which was formed with an intent to have a highly effective data protection law in India has finally submitted the draft bill to the Ministry of Electronic and Information Technology (“Ministry”) on 27 July 2018. The draft bill namely Personal Data Protection Bill, 2018 (“ Draft Bill ”) is a great expectation particularly after the European Union’s General Data Protection Regulation (“GDPR”) came into force on 25 May 2018. The Draft Bill is introduced at very important juncture, especially after recent judicial orders and judgments in the Aadhar case and in Justice Puttaswamy (Retd.) V. Union of India and Others. ...
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"By Default"- Consent by Default and Business Models

By Sohini Mandal posted 23 Aug, 2018
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In 2003, Eric Johnson and Don Goldstein conducted a survey where the people were given two default choices, (i) people were informed that default was; not to be an organ donor (Opt-in) and (ii) other set of people were told that the default was; to be an organ donor (Opt-out). The results of this survey were surprising, in the first default choice where people had to opt-in to be an organ donor, only 42% of people opted-in or choose to become an organ donor. Whereas when people had to opt-out and make a decision that they do not want to be an organ donor, only 12% of people opted-out, 82 % of people choose to remain as organ donors. All the major countries ...
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Brazil updated: “GDPR” and Cloud Regulation Enacted

By Renato Opice Blum posted 22 Aug, 2018
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Brazil updated: “GDPR” and Cloud Regulation Enacted - Brief remarks of relevant aspects concerning data flow, privacy and protection in Brazil By Renato Opice Blum, Caio Lima, and Camila Rioja Originally published at the Information Law Journal Technology is pushing away remaining physical boundaries between countries and people – either in terms of social contact or services rendering. However, conflicting interests strengthen the need for a coherent legislative framework to address contemporary challenges regarding data protection, ownership and cross border information flow. The million-dollar question as regards technology surpassing ...
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Breach Notification- A right to be informed

By Sohini Mandal posted 21 Aug, 2018
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In November 2017, reports confirming a massive data hack at Uber compromising data of almost 57 million users surfaced online. It is pertinent to note that these reports surfaced almost one year after the actual breach occurred. Uber had not intimated when the incident occurred. This incident is an example to understand, why under GDPR providing a breach notification within 72 hours of any such breach has been mandatory if such a breach is directly going result in a risk to the rights and freedoms of natural persons. The General Data Protection Regulation (“GDPR”) which will be effective from May 2018, will transform the way personal data of users/ individuals/ ...
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Consent under GDPR

By Sohini Mandal posted 20 Aug, 2018
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Data is the new oil and the European Union with the new General Data Protection Regulations (“ GDPR ”) wants to regulate it, come May 2018. Given the wide territorial scope of GDPR the Regulation applies to the processing of personal data of a person (data subject) who are in the EU, regardless of where the data is processed, ie. in EU or outside of EU. Hence, if an Indian company has data of any person based in EU, then GDPR compliance become applicable and important. “Consent” is one of the core principles of GDPR. Consent is defined as “means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or ...
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