Transfer of personal data under the UN treaty will be under domestic laws: India
- September 14, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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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.