Cyber Security
Cyber Security
Cyber Security
DATA SECURITY
data leak
company are not self responsible
data generated due to increased disitalisation [ covid - online education , meeting ]
700 million interet users in the country [ financial trasaction]`
The Union Government has released a revised personal data protection bill, now called the
Digital Personal Data Protection Bill, 2022.
The Bill has been introduced after 3 months of the withdrawal of the Personal Data
Protection Bill, 2019.
What are the Seven Principles of the 2022 Bill?
Firstly, usage of personal data by organisations must be done in a manner that is lawful, fair
to the individuals concerned and transparent to individuals.
Secondly, personal data must only be used for the purposes for which it was collected.
The third principle talks of data minimisation.
The fourth principle puts an emphasis on data accuracy when it comes to collection.
The fifth principle talks of how personal data that is collected cannot be “stored perpetually
by default” and storage should be limited to a fixed duration.
The sixth principle says that there should be reasonable safeguards to ensure there is “no
unauthorized collection or processing of personal data”.
Seventh principle states that “the person who decides the purpose and means of the
processing of personal data should be accountable for such processing”.
What are the Key Features of the Digital Personal Data Protection Bill?
Data Principal and Data Fiduciary:
Data Principal refers to the individual whose data is being collected.
In the case of children (<18 years), their parents/lawful guardians will be considered their
“Data Principals”.
Data Fiduciary is the entity (individual, company, firm, state etc), which decides the “purpose
and means of the processing of an individual’s personal data”.
Personal Data is “any data by which an individual can be identified”.
Processing means “the entire cycle of operations that can be carried out in respect of
personal data”.
Significant Data Fiduciary:
Significant Data Fiduciaries are those who deal with a high volume of personal data. The
Central government will define who is designated under this category based on a number of
factors.
Such entities will have to appoint a ‘Data protection officer’ and an independent Data Auditor.
Rights of Individuals:
Access to Information:
The bill ensures that individuals should be able to “access basic information” in languages
specified in the eighth schedule of the Indian Constitution.
Right to Consent:
Individuals need to give consent before their data is processed and “every individual should
know what items of personal data a Data Fiduciary wants to collect and the purpose of such
collection and further processing”.
Individuals also have the right to withdraw consent from a Data Fiduciary.
Right to Erase:
Data principals will have the right to demand the erasure and correction of data collected by
the data fiduciary.
Right to Nominate:
Data principals will also have the right to nominate an individual who will exercise these
rights in the event of their death or incapacity.
Data Protection Board:
The Bill also proposes to set up a Data Protection Board to ensure compliance with the Bill.
In case of an unsatisfactory response from the Data Fiduciary, the consumers can file a
complaint to the Data Protection Board.
Cross-border Data Transfer:
The bill allows for cross-border storage and transfer of data to “certain notified countries and
territories” provided they have a suitable data security landscape, and the Government can
access data of Indians from there.
Financial Penalties:
For Data Fiduciary:
The bill proposes to impose significant penalties on businesses that undergo data breaches
or fail to notify users when breaches happen.
The penalties will be imposed ranging from Rs. 50 crores to Rs. 500 crores.
For Data Principal:
If a user submits false documents while signing up for an online service, or files frivolous
grievance complaints, the user could be fined up to Rs 10,000.
Exemptions:
The government can exempt certain businesses from adhering to provisions of the bill on the
basis of the number of users and the volume of personal data processed by the entity.
This has been done keeping in mind startups of the country who had complained that the
Personal Data Protection Bill, 2019 was too “compliance intensive”.
National security-related exemptions, similar to the previous 2019 version, have been kept
intact.
The Centre has been empowered to exempt its agencies from adhering to provisions of the
Bill in the interest of sovereignty and integrity of India, security of the state, friendly relations
with foreign states, maintenance of public order or preventing incitement to any cognisable
offence.
Why is Digital Personal Data Protection Bill Significant?
The new Bill offers significant concessions on cross-border data flows, in a departure from
the previous Bill’s contentious requirement of local storage of data within India’s geography.
It offers a relatively soft stand on data localisation requirements and permits data transfer to
select global destinations which is likely to foster country-to-country trade agreements.
The bill recognises the data principal's right to postmortem privacy (Withdraw Consent)
which was missing from the PDP Bill, 2019 but had been recommended by the Joint
Parliamentary Committee (JPC).
How has India Strengthened Data Protection Regime?
Justice K. S. Puttaswamy (Retd) vs Union of India 2017:
In August 2017, a nine-judge bench of the Supreme Court in Justice K. S. Puttaswamy
(Retd) Vs Union of India unanimously held that Indians have a constitutionally protected
fundamental right to privacy that is an intrinsic part of life and liberty under Article 21.
B.N. Srikrishna Committee 2017:
Government appointed a committee of experts for Data protection under the chairmanship of
Justice B N Srikrishna in August 2017, that submitted its report in July 2018 along with a
draft Data Protection Bill.
The Report has a wide range of recommendations to strengthen privacy law in India
including restrictions on processing and collection of data, Data Protection Authority, right to
be forgotten, data localisation etc.
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules
2021:
IT Rules (2021) mandate social media platforms to exercise greater diligence with respect to
the content on their platforms.
What Data Protection Laws are there in Other Nations?
European Union Model:
The General Data Protection Regulation focuses on a comprehensive data protection law for
processing of personal data.
In the EU, the right to privacy is enshrined as a fundamental right that seeks to protect an
individual’s dignity and her right over the data she generates.
US Model:
There is no comprehensive set of privacy rights or principles in the US that, like the EU’s
GDPR, addresses the use, collection, and disclosure of data.
Instead, there is limited sector-specific regulation. The approach towards data protection is
different for the public and private sectors.
The activities and powers of the government vis-a-vis personal information are well-defined
and addressed by broad legislation such as the Privacy Act, the Electronic Communications
Privacy Act, etc.
For the private sector, there are some sector-specific norms.
China Model:
New Chinese laws on data privacy and security issued over the last 12 months include the
Personal Information Protection Law (PIPL), which came into effect in November 2021.
It gives Chinese data principals new rights as it seeks to prevent the misuse of personal
data.
The Data Security Law (DSL), which came into force in September 2021, requires business
data to be categorized by levels of importance, and puts new restrictions on cross-border
transfers.
Introduction
The Union Ministry of Mines recently announced the major discovery of lithium reserves in
India in Jammu and Kashmir. The Geological Survey of India (GSI) has established 5.9
million tonnes of inferred lithium resources in the Salal-Haimana area of Reasi District in
Jammu and Kashmir. Lithium is considered a strategic element because of its use on
batteries used in Electric Vehicles (EVs). The finding of the reserves is being considered as
a game-changer in India’s transition towards green mobility.
Lithium is a soft, shiny grey metal found in the earth’s crust. It is a highly reactive and
alkaline metal.
Lithium is a key element for new technologies and finds its use in ceramics, glass,
telecommunication and aerospace industries. The well-known uses of Lithium are in Lithium
ion batteries, lubricating grease, high energy additive to rocket propellants, optical
modulators for mobile phones and as convertor to tritium used as a raw material for
thermonuclear reactions (fusion).
It is also used to make alloys with aluminium and magnesium, improving their strength and
making them lighter e.g., Magnesium-lithium alloy – for armour plating, Aluminium-lithium
alloys – in aircraft, bicycle frames and high-speed trains.
A World Bank study suggests that the demand for critical metals such as lithium (Li) and
cobalt is expected to rise by nearly 500% by 2050.
The global electric vehicle market is projected to reach US$ 823.75 billion by 2030,
registering a Compounded Annual Growth Rate (CAGR) of 18.2% from 2021 to 2030, India’s
market is projected to register a CAGR of 23.76% by 2028.
India is seeking to secure its critical mineral supplies and build self-sufficiency in this sector.
The discovery of 5.9 million metric tonnes of lithium has been made in the J&K region of
India. This is the first major lithium reserve that has been found in India. Earlier, a survey led
by the Atomic Minerals Directorate for Exploration and Research showed the presence of
1,600 tonnes (inferred category) of lithium resources in the Marlagalla area of Karnataka’s
Mandya district.
South America is a particularly rich supply of the metal, the three nations of Bolivia, Chile,
and Argentina are collectively referred to as the ‘Lithium Triangle’. China currently controls
77% of the global lithium-ion battery manufacturing capacity and is home to 6 of the world’s
10 manufacturing companies.
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What steps have been taken by the Government to Explore Lithium Reserves in India?
The Atomic Energy Act, 1962 permits Atomic Minerals Directorate (a constituent unit of
Department of Atomic Energy) for exploration of Lithium in various geological domains of the
country. For the first time, the National Mineral Exploration Policy of 2016 recognised the
need to explore these minerals.
Every year, as per approved annual Field Season Programme (FSP), the Geological Survey
of India (GSI, an attached office of Ministry of Mines) takes up different stages of mineral
exploration viz.
reconnaissance surveys (G4), preliminary exploration (G3) and general exploration (G2)
following the guidelines of United Nations Framework Classification (UNFC) and Mineral
Evidence and Mineral Content Rules (MEMC-2015) for augmenting mineral resource for
various mineral commodities including lithium.
In FY2021-2022, India imported lithium and lithium ion worth ~INR 14,000 crores. The
demand is likely to rise multifold in the future. The finding of lithium reserves in India will
reduce dependence on imports.
Affordable Transition:
The discovery of this indigenous supply of lithium reserves will help the EV ecosystem reach
the masses at reasonable and affordable costs, and make the transition to green mobility
more economical.
The will also help advance the Government’s ambitious plan of 30% EV penetration in
private cars, 70% for commercial vehicles, and 80% for two and three-wheelers by 2030 for
the automobile industry.
The majority of the global reserve is located in regions with severe water stress makes this
discovery even more important. India is a potential replacement because the mineral
requires a large amount of water for extraction and the majority of the reserves are in nations
with water scarcity.
Geological Stability:
According to the seismic zonation map of India, the whole of Jammu and Kashmir, comes
under seismologically active Zones IV and V and is also ecologically sensitive. Mining in
geologically unstable region will be a major challenge.
Environmental Consequences:
Extracting Li from hard rock mines, similar to what has already been proposed in J&K,
entails open-pit-mining followed by roasting the ore using fossil fuels.
Open-pit-mining, refining, and waste disposal from these processes substantially degrades
the environment, including depletion and contamination of waterways and groundwater,
diminishing of biodiversity, and considerable air pollution.
Environmental Justice:
According to a 2018 study that examined the socio-environmental implications of lithium
mineral extraction, lithium mining has produced environmental justice challenges.
It is claimed that over the last four decades, sufficient research has not been performed to
address the sustainability difficulties posed by lithium mining and processing, particularly the
question of its impacts on local populations.
Mining Policy:
The absence of an integrated mining policy for strategic metals and minerals, and poor
domestic capabilities could hinder exploitation of the recently discovered reserves.
Availability of Technology:
India lacks technology to extract lithium and purify it. Lithium is mixed with rocks and other
minerals. It would require breaking the rocks, removing volatile chemicals with evaporation
and magnetic impurities with magnets besides other chemicals and processing.
There is no prior experience in extracting Lithium, nor tested domestic technology. There is
lack of established Lithium extraction industry.
First, The Government can explore technology transfers and tie ups with the lithium metal
extraction industry from abroad in the short term, while simultaneously developing domestic
technical expertise and know-how.
Second, the Confederation of Indian Industry (CII) has urged the Government to establish
‘India Rare Earths Mission’ to reduce reliance on China. It has urged the Government to
encourage private sector mining in the sector and diversify sources of supply for these
strategic raw minerals.
Third, CII has also recommended that the public sector firm Indian Rare Earths Limited
(IREL), administered by the Department of Atomic Energy, should be split into two entities.
While IREL should primarily focus on Thorium mining (for Nuclear Power generation), the
second entity should pursue other minerals including Rare Earths and Lithium.