Data breach investigations should be prioritized under the Digital Data Privacy Act and the Digital India Act

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The upcoming Bills on data privacy, telecom and all digital data related issues will build a secure ecosystem for India going forward. Not only this, it has the potential to make India a global leader, setting an example for other countries. However, we need to focus on quality data breach investigations to do diagnostic analysis to reduce the possibility of similar intrusive attacks in the future. Mr. Amit JajuSenior Managing Director, Ankura Consulting Group (India) shares many insights on the same.

  1. How does Ankura help multiple organizations comply with data privacy and security law?

Over the past few years, we have helped clients in a variety of industries, such as managing new risks related to data privacy, data governance, localization and cybersecurity. Indian firms have also started exploring these sectors from a domestic and global perspective.

Although we serve a wide range of businesses, the majority of our clients operate internationally or in highly regulated industries such as pharmaceuticals and financial services. With the launch of our India operations in 2021, we have established a center of excellence in the country for data analytics and related technology services. We also focus on machine learning and artificial intelligence to provide relevant services to our clients in the areas of monitoring and early identification of non-compliance, risk and fraud.

Data privacy solutions are evolving rapidly and our global experience in assisting clients in other geographies on data privacy consulting and incident response has helped us offer customized solutions for clients in India. We have also introduced some unique data discovery, classification, inventory and remediation technologies to the Indian market.

  1. How does Ankura ensure digital data forensics practices before and after an enterprise breach?

Today, it has become extremely important for businesses to take a comprehensive and holistic approach to emerging digital risks. No protection can guarantee complete protection against such risks. Thus, it becomes important for enterprises to follow a cycle of avoiding, detecting and responding to cyber disasters. In such situations, digital forensics plays a crucial role in collecting, preserving and analyzing digital data related to incidents. Cyber ​​incident investigation and digital forensics together can inform companies about vulnerabilities, risks and their impact. These results are important information for developing a strong defense strategy for an enterprise.

  1. Ankura’s overall growth and future roadmap in India

To meet the specialized needs of our current and future customers, we are constantly expanding our service offerings and creating industry-specific solutions. We have welcomed over 100 new clients in our first year alone and are still adding new clients and cutting edge solutions to our portfolio.

In our first year in India, we launched Relativity One’s e-discovery offering alongside our digital platforms around pharma data integrity and software license compliance and cost optimization. With our new global technology platform acquisitions, we are proactively helping Clients around emerging threats that come from social media such as misinformation/disinformation, surface web threats and dark web risks such as cyber attacks.

We have solid plans to grow our workforce in India in the coming months as we continuously grow our clientele and find it easier to identify quality tech talent in India. By providing each client with a personalized approach for future-ready results, we hope to establish an important benchmark in the technology consulting industry.

  1. How the 5G network could increase the possibility of DDoS attacks?

5G has the potential to provide more bandwidth for mobile phones, IoT devices and end-user computing devices. One of the main cyber risks arising from 5G would be distributed denial of service attacks. Millions of mobile phones can be infected with malware, which can further be abused to launch DDoS attacks against targets. Such a high-speed network with low connectivity latency would eventually lead to an increase in DDoS attacks.

  1. What would be the need and relevance of data breach investigation in the upcoming Digital India Act and Digital Data Privacy Act?

Everyone gets violated at some point. The important aspect is about investigating these breaches, reporting to regulators and data subjects the impact of the breach and proactively taking remedial steps. In cases of data breaches, the world discovers and can forgive in the first instance. But repeatedly breached companies that don’t investigate the breach and build defenses around vulnerable areas are liable to be penalized by law and will also lose customers. Under the Digital India Act and the Digital Personal Data Protection Act, reporting the breach within a specified period of time will be mandatory. This will help identify data subjects who are victims and help take corrective steps to limit the damage, including notifications.

  1. Key aspects related to data availability, privacy, security laws and regulations?

On November 18, the Indian government released the new Digital Privacy Protection Bill, 2022. This new version is focused on personal data and includes severe penalties for non-compliance. It also eased rules on cross-border data flows and provided for easier compliance requirements for start-ups. Financial penalties of Rs 200 crore multiplied by the number of affected users have been announced to be imposed on each violation.

For similar violations worldwide, fines are set as a percentage of revenue or turnover, whichever is higher. 150-200 Crores figure for Indian companies seems very high to a point where it may become impractical to implement. Keeping fines as a high percentage of turnover seems more practical and feasible to implement. It would be better if the GOI also emphasizes investment in education and awareness campaigns for enterprises in India, which would lead to an organized security compliance environment in the country.”

  1. Views and Expectations of Upcoming/Current Bills from Government of India: Telecom, Data Privacy, VPN Regulations, etc.

The Government of India not only wants to build a robust digital ecosystem but also wants to provide an enabling environment to sustain the same. To achieve this, the government must ensure the protection of personal data and easy access to it. India’s data accessibility and usage policy is important because it will help build a digital ecosystem that enables easy data access and usage while protecting people’s data.

In terms of the implementation of this policy, there are certain areas where there is room for improvement, such as the scope of the policy should be extended to all countries. The policy will be more useful if all state and central government systems come under the purview of the policy. In terms of integrity, there is no provision to ensure data integrity management as it is transferred between different departments. Also, the role of third parties is a bit unclear, although the draft policy talks about involving third parties to assist with data processing, it does not talk about the responsibilities and penalties that will be imposed on third parties if mishandle data or if there is a breach. It is also unclear whether third parties will be asked to provide data localization while processing the data.

The recently updated Digital Privacy Bill 2022 has been submitted for public review, but it looks very simplistic and is missing several important components. It may take several iterations to correct these problems. However, many Indian companies now operate internationally and embrace privacy by design to manage compliance with various global data protection laws. Such companies continue to conduct proactive assessments and breach responses to protect their reputation and critical data.

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