Addressing Threats to Cybersecurity under Data Protection Laws in India: An Analysis
Ashutosh Kumar Gautam1
1Research Scholar at Department of Law, University of Lucknow, India
In: Cyber Security Concerns and Use of Artificial Intelligence, edited by Dr. Ausaf Ahmad Malik, Mr. Abhilash Aggarwal and Adv. Gyan Prakash Kesharwani
- Pages
- 380–389
- Published
- 2024
- Rights
- All rights reserved
Abstract
In recent years, India’s rapid digital transformation has heightened the risk of cyber threats, creating challenges for protecting personal data, ensuring privacy, and safeguarding national security. This abstract provides an in-depth analysis of the intersection between cybersecurity risks and India’s data protection laws, particularly with the enactment of the Digital Personal Data Protection Act, 2023. The new law represents a significant step toward enhancing individual privacy rights and enforcing data protection standards, but it also raises concerns about how effectively it can address the growing cybersecurity threats in an interconnected digital environment. The analysis reviews the effectiveness of India’s legal framework in mitigating cybersecurity risks, including data breaches, cyber espionage, ransomware, and other emerging cyber threats. It explores the regulatory mechanisms outlined in the data protection law, focusing on how companies and government bodies are required to implement cybersecurity protocols, report breaches, and comply with data protection mandates. The role of the Data Protection Board of India in overseeing enforcement and ensuring accountability for both private and public entities is also discussed. Despite the legal advancements, challenges persist in enforcing cybersecurity standards, addressing cross-border data transfers, and raising cybersecurity awareness. The paper highlights the need for greater cooperation between government authorities, tech companies, and international regulatory bodies to counteract the evolving threat landscape. In conclusion, while the Digital Personal Data Protection Act provides a robust foundation for data protection, it must be complemented by a comprehensive, multi-stakeholder approach to effectively address the complex cybersecurity challenges facing India in the digital age.
Keywords
- Data Protection
- Cyber Security
- Data Privacy
- Digital era
- Law enforcement
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