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U.N. Cyber Crime Convention

Why is it in the news?

  • The U.N. Cyber Crime Convention, which has been at the negotiating table for the past three years, is expected to be ratified by the U.N. General Assembly in 2024.
  • The draft of the convention specifies that each state party must designate a 24/7 point of contact for immediate assistance in investigations, prosecutions, or judicial proceedings related to cybercrime.

India’s Proposals

  • As per the reports, India has proposed that the transfer of “personal data” under this treaty should align with its domestic laws rather than international laws.
  • India proposed the deletion of a clause encouraging state parties to establish arrangements for personal data transfer.
  • India also agreed to a clause requiring written authorization for the transfer of personal data to third countries or international organizations, with safeguards in place.
  • India’s Digital Personal Data Protection Act, enacted recently, allows personal data processing in the interest of India’s sovereignty, integrity, or state security.
    • The Act requires firms to disclose the identity of other firms processing user data but exempts them from sharing data in cases of lawful interception.

 

Cybercrime:

·        Cybercrime is defined as a crime in which a computer is either the target of the crime or is used as a tool to commit an offense.

·        In the context of India, cybercrimes fall under State subjects as per the Seventh Schedule of the Constitution of India, meaning that states have jurisdiction over these matters.

·        Cybercrime involves illegal or unauthorized activities that exploit technology to commit various forms of crimes.

·        It covers a wide range of offenses and can affect individuals, organizations, and even governments.

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