India Needs A Dedicated Cyber Security

The Tribune     24th February 2021     Save    

Context: Given the developments in Indian cyberspace and the increasing digitisation, there is a need to develop and refine legal approaches towards cyberspace issues

Developments in Indian cyber law jurisprudence and issues therein:

  • National Cyber Security Strategy: aims to build on the National Cyber Security Policy 2013.
    • Significance: to check rising cybercriminals and cybersecurity breaches (cyber-crime penetration) in India. 
    • Problems associated: It would be only a directory and not mandatory, as the strategy will not have the backing of a statutory penal force, unlike a law passed by Parliament.
  • Personal Data Protection Bill, 2019: aims to provide stringent obligations for data-handling entities.
    • Significance: It will strengthen the Indian information technology ecosystem by providing appropriate protection for personal data.
    • Issues: Limited mandate of protecting personal data; Non-personal data is outside its ambit.
  • Information Technology (IT) Act, 2000: 
    • Significance: mother legislation to deal with all activities in the electronic ecosystem.
    • Issues: In need of amendment (last amended in 2008)
      • Cybercrime, including phishing, identity theft and fraud, are rising, while the existing laws are neither adequate nor comprehensive to deal with such threats