Indian Judiciary Called On For Key Role In Cybersecurity Enforcement

India’s judiciary will need to play a central role in the country’s evolving enforcement of cybercrime, the chief executive officer of the country’s Data Security Council (DSCI) said in New Delhi on 26 November 2019.

Rama Vedashree said cybercrime will become a more significant issue as India is set to become a USD 5trn economy by 2025, with the digital economy contributing USD.

This DSCI – the key industry body for data protection and cybersecurity – has been working closely with the Indian government to step up cybercrime capabilities and train various segments of industry, she said. “As the judiciary needs to play a big role, the council is stepping up our capability with the judiciary,” she added.

Addressing members of the Indian National Bar Association (INBA) at the one-day inaugural session commemorating India’s 70th Constitution Day, Vedashree urged the legal fraternity to aid cybersecurity start-ups, and technology entrepreneurs.

Such tech sector players cannot always afford legal services required to structure software licensing agreements, IP protection clauses and other business contracts, she said, asking INBA members to assist start-ups and contribute to India’s digital growth.

Media reports identified a 22% increase in cyberattacks in the quarter ending June as Internet of Things (IoT) projects in India were targeted.

India’s Personal Data Protection Bill 2018 released last July, is expected to be tabled in Parliament “soon” during the current session as widely reported.

Vedashree advised technology companies, banks, insurance players, the healthcare and e- commerce sectors to start looking into the provisions of the Bill today rather than wait for it to be enacted by the Parliament.

She said that much preparation was required related to how data is classified and managed especially when it comes to sensitive data. Players need to “demystify every clause of the bill to ensure that breaches do not take place,” she said, citing key provisions related to transfer of personal data outside India, extra- territorial application of the rules, the transfer of critical data outside India and grounds for processing personal data.

The banking sector is likely to shape a lot of policy making and policy shift in the country, Vedashree said, advising players to look into existing cyber security related policy directives as laid down by the Reserve Bank of India (RBI). These include RBI Guidelines on Cyber Security Framework 2016 and RBI Guidelines for Payment Gateways and Payment Aggregators released on 17 September 2019, detailing the possibility of bringing all payment aggregators and payment gateways under its direct regulation.

 By: Freny Patel, Parr