Context :
Up
To ₹ 250-Crore Fine For Personal Data Breach In New Bill: Sources / NDTV
/ 18 Nov
2022
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/personal-data-leak-check/
<
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 Registration
for Anywhere Login )….[ 10 Feb 2019 ]
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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