- The draught of the UN Cyber Crime Convention was recently examined by the Union Home Ministry.
- The goal of this analysis was to determine what modifications would be required in India’s existing systems if the country signed and ratified the treaty.
Why are we debating this?
- In August, India passed the Digital Personal Data Protection Act, establishing a framework for personal data protection in the country.
- This Act allows for the processing of personal data in the interests of India’s sovereignty, integrity, and state security while meeting legal requirements.
- It also requires enterprises to reveal to users the identities of other firms entrusted with their data for processing.
- However, the Act expressly exempts companies from reporting or exchanging data in the instance of authorised data interception.
India’s Position on the Convention India took many significant stances on the Convention:
- Data sharing section Removal: India lobbied for the removal of a section that encourages state parties to “establish bilateral or multilateral arrangements” to enable the sharing of personal data. This emphasises India’s emphasis on data sovereignty and its determination to retain control over cross-border data exchanges.
- Data Transfer Authorization: India agreed to the clause stating that state parties may transfer personal data to a third country or an international organisation only with the prior written authorization of the original transferring state party, subject to effective and appropriate safeguards. This demonstrates India’s commitment to data protection and appropriate handling.
- Points of Contact: According to the draught convention, each state party should appoint a point of contact who is ready 24/7 to give urgent help for investigations, prosecutions, or judicial procedures involving cyber criminal offences. This indicates India’s dedication to effective collaboration in combating cybercrime.
Source: https://www.unodc.org/documents/Cybercrime/AdHocCommittee/Comments/RF_28_July_2021_-_E.pdf