An Un-implementable Law ? You Bet

 

 

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 :

 

WhatsApp data of 500 million users 'on sale': How to check if your data has been leaked  /  CIO  / 28 Nov 2022

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 17^th ), 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 }

 

 

 

 

  

 

 

 

 

KBC is catching up !

 

 

I am a big fan of KBC ( Kaun Banega Crorepati ) show on SONY TV and manage to watch most episodes

Of late, I heard Amitabh exhorting the viewers to “ participate online “ by downloading mobile app “ KBC Play Along “ and win Rs 1 lakh , sitting at home . This made me look up the following instructions on the working of this App :

[ source > KBC Play Along – How to Play & Earnings – Kaun Banega Crorepati 2022 ]

 

My  Take :

 

I am sure , before the next season of KBC , SONY TV will improve its offering over my following suggestion :

Ø  Kaun Banega Crorepati ( KBC ) and Artificial Intelligence ( AI )……………. [  22  Oct  2021  ]

 

Extract :

By now, KBC has been around for some 20 years

During that period, may be 1,000 participants set on the Hot Seat and ( may be, on an average ), answered 10 questions each, - taking the total to ( say ), 10,000 questions, each listing 4 “ Options “

These questions centered around ( may be ) 10 distinct “ Genres / Broad Topics “

A total of  “ 10,000 questions / 40,000  options “ divided among 10 “ Topics “

Of these 40,000 options , 10,000 were the RIGHT options , giving each option a  25 % probability ( 1 correct out of 4 options )

Now, if you have the COMPREHENSIVE  DATA-BASE ( of questions / sequence of Genres / offered options / right options / participant background etc., ), could you subject this BIG DATA to AI , to be able to “ PREDICT “ the “ right option “ to the “ next question “ that Shri Amitabh Bachhan would ask ?

 

Who knows !

May be yes , what with GPT 3.0 and WuDao 2.0 around !

And with AI softwares on their way to decipher the EMOTIONS in the voice of Shri Bacchan  as he prompts the participants – providing clear hints of the RIGHT answer ?

Should SONY TV be worried ?

Not really worry

But then SONY could try following ( an improvement over a somewhat similar feature that it has already implemented )  :

      Ø  Online / instantaneous / dynamic / real-time, VIEWER-POLL by millions of world-wide, residence-based KBC viewers

      Ø  Offer / Sell , a smart mobile device ( call it, VIEWER-POLL ) ,  which closely resembles ( in size and with improved features ) the device which SONY gives to its studio-based audience for AUDIENCE POLL.

      Ø  Immediately upon purchase, each Viewer-Owner of the device would need to visit the SONY website and register himself ( as device owner ),providing full details about himself , along with UNIQUE device number ( may be facial recognition as well ). Alternatively, such REGISTRATION can be enabled from the device itself, obviating need to visit SONY website

      Ø  As soon as Shri Bachhan says > “  for XYZ rupees,  Ye raha your question on the screen “ , the same question with all 4 options, to appear on the screens of VIEWER-POLL devices

      Ø  Viewers need to select , what they think is the RIGHT option, WITHIN 10 seconds- and press the icon SUBMIT

      Ø  The question ( with its options and submit button ) disappears from the screen of the VIEWER-POLL device after 10 seconds. A kind of Self-Destruct

      Ø  As soon as SUBMIT button gets pressed, the data will get entered into the Central Server of SONY, against the name of the concerned viewer.

      Ø  With each SUBMIT press, a HISTORICAL LOG (  database ) will get created on the server, for each polling viewer.

      Ø  Database will show if the RIGHT option got selected and CREDIT the Viewer’s account with the prize-money won

      Ø  At the end of the SEASON, the viewers will be rewarded with ( say ) 1 % of the WON-AMOUNT to their credit

      Ø  This  info will also get published on KBC episodes

      Ø  Selection of winners of HOT SEAT for the next episode, could also be based on this results

 

NOTES :

      Ø  The VIEWER-POLL device is “ Purpose Specific “ and cannot be used for anything else

      Ø  It will display / play, all the ADVERTISEMENTS , sponsored on KBC episodes

      Ø  If viewer turns-off the device during the Advertisements, it will not restart till the next day’s episode

Ø  With such an incentive, KBC will become a truly PARTICIPATIVE – INTERACTIVE program and attract millions to join

 

With regards,

Hemen Parekh

hcp@RecruitGuru.com  /  05  Nov  2022

 

E Court Arrives

 

 

Context :

Prime Minister Narendra Modi on Saturday launched various new initiatives under the e-court project on the occasion of Constitution Day in the national capital.

The initiatives launched by the Prime Minister include Virtual Justice Clock, JustIS mobile App 2.0, Digital court and S3WaaS Websites.

The Project is an effort to provide services to litigants, lawyers and the judiciary through ICT enablement of courts.

"Virtual Justice Clock is an initiative to exhibit vital statistics of the justice delivery system at the Court level giving the details of :

#  the cases instituted,

#  cases disposed and

#  pendency of cases on a day/week/month basis , at the Court level.

 

The effort is to make the functioning of the courts accountable and transparent by sharing with the public the status of case disposals by the court.

The public can access the Virtual Justice Clock of any court establishment on the District Court's website," read the statement.

JustIS Mobile App 2.0 is a tool available to judicial officers for effective court and case management by monitoring the pendency and disposal of not only his court but also individual judges working under them.

  

This App is also made available to High Court and Supreme Court Judges who can now monitor the pendency and disposal of all the States and Districts under their jurisdiction

 

 The digital court is an initiative to make court records available to the judge in digitised form to enable the transition to Paperless Courts.

S3WaaS Website is a framework to:

 

#  generate,

#  configure,

#  deploy and

#  manage websites

 

for publishing specified information and services related to district judiciary. S3WaaS is a cloud service developed for government entities to generate Secure, Scalable & Sugamya (Accessible) websites. It is multilingual, citizen-friendly and divyang friendly.

 

 

My  Take  :

 

Ø  Justice delayed is Justice Denied ……………………….[ 12 Sept 2018 ]

 

Extract :

 

If we want to reduce the average “case disposal time “ from 6 YEARS to 6 MONTHS , we must do better than the Chinese – as follows :

 

 

      Launch online portal…www.OnlineJustice.gov.in having following features / pages / User Interfaces :

 

 

#   Who can register a litigation and how ( detailed form to be filled in )

 

 

#   What kind of complaints can be filed ( Eg; property / divorce / fraud / loans etc )

 

 

#   Time frame of hearings ( based on backlog at that point )

 

 

#   Search / Selection of “ empanelled lawyers “ ( with their fees tariff )

 

 

#   Method of conducting “ Online Trial “ ( Audio – Video Conference calls )

 

 

#   Online payment of Court Fees / Lawyer’s fees

 

 

#   Who can “ watch “ the online trial and how ( Video broadcast ) and when

 

 

#   Progress Chart as trial proceeds / Upload – Download of documents

 

 

#   Court Room allotted ( by software ) to each litigation

 

 

     Not being limited by any “ Physical Constraints “ , it will be possible ( for the

 

     software ), to open as many “ Virtual / Online “ Court Rooms as required

 

 

     Only limitation will be the Number of available Judges at any given time

 

 

     And as far as finding 10,000 Judges to conduct “ Online Trials “ from the comfort of

                                                                                                          

     their homes ( and without imposing any “ Infrastructure Burden “ on the State –

 

     except providing them with a fast broadband connection ) , I suggest that we rope in

 

     retired judges on a “ Per Case Retainer “ basis ( paid into their Jan Dhan accounts )

 

 

 

       There must be a “ Bonus cum Penalty “ formula to govern the payments to the Judges ,

       depending upon the “ Actual Time “ taken to dispose off a given case as against the “

      Target Time “ ( to be computed by Artificial Intelligent Software , based on historical

      data being continuously compiled for all the cases , once the portal gets launched )

 

 

 

     I urge Chief Justice Hon Deepak Misraji to treat this email as a PIL and “ direct “ the

     NDA government to initiate action on this suggestion ( I cannot afford a lawyer ! )

 

 

     Your " Activism " in this matter will go a long way to restore the faith of the ordinary citizens in the

     judiciary  !

 

 

Ø  Supreme Proposes : Can e-Courts dispose ? ………………[ 28 Sept 2020 ]

Extract :

So , what is the alternative ?

E Courts , is the only answer

With minimum infrastructure and time-loss, we can, easily set up, not just 100 but even 1,000 E-Courts , through launch of a portal { technology already commonplace }

On the same portal , 1,000 judges ( sitting in their homes ) can conduct trials , occupying 1,000 VIRTUAL COURTS

Complainants / Plaintiffs / Lawyers / Witnesses etc., too can log-on from their homes, into their RESPECTIVE / ASSIGNED , COURT-ROOMS [ Perfect Social Distancing ]

Finding 1,000 retired judges within ONE MONTH, cannot be a problem . They will be happy to work from 9 am to 6 pm ( with 30 minutes lunch-break )

I urge Shri Ravishankar Prasadji, to consider my suggestion

 

Ø  Thanks Supreme Court for hearing my PIL …………………….[ 26 Mar 2021 ]

 Extract :

The Supreme Court on Thursday in principle decided to resort  to the never used constitutional provision for engaging retired High Court judges to tackle the huge pendency in High Courts…

The CJI-led bench said since the retired judges would be given a specific tenure to adjudicate old cases and as they would be regarded as the junior-most in the hierarchy of the HC, it would not cause any heartburn among serving judges

Thank you, CJI for this is very welcome decision

      Ø  As against 5 lakh cases pending in High Courts, the total number pending, exceeds 300 lakhs ( 3 crore )

      Ø  The decision to re-appoint “ retired “ judges for OLD cases ( on specific TENURE basis ), needs to be coupled

         with starting of HUNDREDS of VIRTUAL COURTS ( e-Courts )

 

Ø  24x7 e-Courts ? ………………………………………………………….[ 14 Apr 2021 ]

Extract :

Ø    Limiting the registry’s role in prioritising cases, Phase 3 of the e-Courts project, currently in the draft stage, has   proposed a 24/7 digital window to litigants and lawyers to file file cases from  anywhere, anytime with the provision of scheduling   digital hearings in an  open court , ensuring  compliance  of  timelines  by both judges  and litigants.

Ø  The next phase of judicial reforms envisages a complete transformation of Indian courts into digital platforms — having facilities of,

    

       #    e-Pay,

       #   e-Summons,

      #   e-Hearings

      #   e-Judgment ,

     #   litigants can appear remotely,

     #   schedule hearings at his / her convenience,  and

     #   an option of choosing alternative dispute resolution mechanism or a regular case while e-Filing.

 

      Ø  The court registry will be converted into a digital case registry where each case will be given a unique

           number that will help in locating the case as it moves from one level to another, without the need of

           re-filing of documents in case of appeal in higher courts.

 

===================================================

With regards,

Hemen Parekh

hcp@RecruitGuru.com  /  30 Nov 2022