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. |