Transfer of personal data under the UN treaty will be under domestic laws: India

Subject :IR

Section: International Organisation

India’s Data Transfer Stance in U.N. Cyber Crime Convention

India insists on personal data transfers aligning with its domestic laws during U.N. treaty negotiations.
Emphasizes national sovereignty and integrity over international laws.
Expected ratification of the convention at the U.N. General Assembly in 2024.

The Digital Personal Data Protection Act

Enacted in August, it regulates personal data processing in India.
Requires firms to disclose data processors’ identities.
Exempts data sharing for lawful interception, prioritizing national security.

Proposed Changes and Data Transfer Conditions

India proposed removing a clause encouraging data transfer arrangements in treaty negotiations.
Agreement reached on transferring personal data with prior written authorization and safeguards.
Each state party must designate a 24/7 point of contact for aiding investigations and legal proceedings under the convention.

UN Cybercrime Treaty:

Since May 2021, UN member states have been negotiating an international treaty on countering cybercrime.
If adopted by the UN General Assembly, it would be the first binding UN instrument on a cyber issue.
The treaty aims to provide a global legal framework for international cooperation in preventing, investigating, and prosecuting cybercrime.

Cybercrime Categories:

Cybercrime is categorized into two types:
- cyber-dependent crimes
- cyber-enabled crimes.
Cyber-dependent crimes can only be committed using Information and Communication Technologies (ICTs). For example, ransomware attacks.
Cyber-enabled crimes are traditional crimes transformed by digital technologies, such as online banking scams and identity theft.

Treaty Process:

In December 2019, the UN established an open-ended ad hoc committee (AHC) to develop a comprehensive international convention on countering the use of ICTs for criminal purposes.
Negotiations began in early 2022, with six negotiating sessions planned.
Civil society and the private sector have also played a role in shaping the convention through statements, consultations, and side events.

Main Areas of Disagreement:

Key areas of disagreement include the scope of the treaty, human rights safeguards, capacity-building, harmonization with existing efforts, and the relevance of gender to the treaty.
Differences in perspectives exist between countries advocating for a broad approach to criminalization and those favoring a narrower focus.