While one may think what’s the connection between Cyber Law and Union Budget 2022. However, at the time when are coming to the tipping point in the interregnum period where there is light at the end of the tunnel, we are likely to witness new cyber manifestations in this year 2022. The Union Budget 2022 seems to focus on Technology be it digitalisation, e-governance, block chain, drones, digital currency, e-passports, digital banks, drones, digital university, digital health, 5g tech and the like.
At this point, Cyber Law assumes a greater significance where computers, computer systems, computer networks, computer resources, communication devices as also data or information in electronic format are the new turmoil. The Cyber Law Jurisprudence is going to be the eye candy on the stage and I am of the opinion that the Indian Cyber Law – IT Act, rules, regulations are the mother legislation for anything and everything that is digital in nature.
The IT Act provides legal recognition to all electronic transactions as also promotes and boosts to e-governance.
DRONE TECHNOLOGY- AGRICULTURE
One of the key initiatives outlined in the Union Budget 2022 is making use of drone technology to agriculture sector. The Union Budget announces the use of Kisan Drones for the purpose of crop assessments, digitalisation of land records, spray of insecticides and nutrients. However, in this scenario, cyber law plays a crucial role since drones can also be considered as “Computer” under the IT Act as also any output generated through such drones can be considered as “Electronic Records” under the IT Act. Given this approach, cyber law awareness is the need of the hour among the farmers, start-ups, agricultural universities. Further, any misuse of such drones can also be considered as cyber crimes.
This also brings privacy on the table, specifically since such digitalisation of land records involve Sensitive Personal Data or Information (SPDI), Personal Information. I opine that data protection law shall be of greater importance to protect such Sensitive or Personal Information. It is the urge to table the Personal Data Protection Bill as soon as practically possible in the Parliament sessions.
It is advisable that agri universities should have basic cyber law and cyber security awareness so as to make people aware of what should nor what should not be done as per law.
DIGITAL UNIVERSITY
The Union Budget also brings in the proposition of setting up a Digital University for providing education on a hub and spoke model. Further, in this kind of the scenario, Cyber Law plays a key role since all such classes taken digitally are nothing but data or information in electronic format, which are e-considered as electronic records under the IT Act. However, such Digital University also handles the Sensitive Personal Data or Information (SPDI), Personal Information of children and students. Further, data protection law also is the present-day requirement to support such Digital Universities.
NATIONAL DIGITAL HEALTH ECOSYSTEM
The Union Budget 2022 also specifies about a new platform for National Digital Health Ecosystem under Ayushman Bharat Digital Mission (ABDM). Further, such platform shall comprise of digital registries of health providers and health facilities, unique health identity, consent framework as also facilitating access to health facilities. In this scenario of National Digital Health Ecosystem, Cyber Law becomes the jewel in the crown. However, the concept of consent is something that is not properly looked into by any digital health ecosystem including the National Telemedicine platform.
The standard check box with the wording “I agree” is included in most of the platforms, however, some platforms do not even take specific consent. This concept is a pre-determined consent and the free and informed consent framework is absent. Despite the IT Act, IT rules mentioning about consent and withdrawal of consent, there is no effective implementation of the same. In this kind of scenario, data protection law becomes the singular contributor.
DIGITAL BANKING
The Union Budget 2022 also discusses the setting up of 75 digital bank units in 75 districts by scheduled commercial banks. The digital banking, digital payments and use of technology in financial sector has been emerging and constantly evolving. Cyber Law becomes the toast of the times in this context since all these are given legal validity, legal recognition by the IT Act, rules, regulations. However, digital banking frauds continue to be on the rise and at this hour, cyber law awareness holds the key. Apart from merely setting up digital banks, awareness on digital literacy and cyber laws, cyber security is going to emerge as the vital pointers.
The data protection law also becomes essential to protect the Personal Data of customers. Further, such digital banks should also be aware of how to handle cyber security related issues and should comply with the Cyber Law and shall promote cyber awareness among its staff and customers. The awareness camps shall be conducted at frequent intervals for promoting cyber hygiene
DIGITAL CURRENCY
The Union Budget 2022 announces the launch of digital currency in the coming financial year to provide a boost to digital economy as also effective currency management. Further, the coming of Central Bank Digital Currency also brings in a mechanism of efficient currency management as also transparency, tracking. At this point, Cyber Law assumes paramount importance since any such digital currency becomes e-record under IT Act as also provides legal recognition to such digital currency.
The Digital Currency specific legislation is the one writing on the wall which is the central lifeline point with respect to such digital currency. Such legislation shall be required for providing the legal status of such digital currency as legal tender, defining the roles, responsibilities of such Central Banking kind of authority to act as a nodal agency for such digital currency. Cyber Security and Cyber Law are important vectors specifically from digital currency perspective
E-PASSPORTS
The Union Budget 2022 has also announced e-passports tagged with biometrics wherein a small electronic chip is attached to the passport that contain the data. This can be seen in similar lines with chip-based credit cards. However, cyber law has to be on the forefront which e-passport consist of Sensitive Personal Data or Information (SPDI), Personal Information of citizens. Further, such e-passports are e-records under the IT Act and biometric can be considered as electronic signatures under the IT Act.
Data Protection Law has to be on the top so that to protect such personal data of citizens in an effective and efficient manner. The cyber legal compliance in this context is getting more and more predominant.
5G TECH
With fifth generation (5G) Technology in the Telecom Industry making its entry very soon in the country, the connectivity and speed are going to transform the entire country to a digital country. However, from a Cyber Law and Cyber Security Legal Perspective, the 5G technology is likely to bring on the table new challenges with respect to Privacy, New Cyber Security Breaches, New Cyber Crimes as also inter-operable Cyber Legal Aspects relating to merging tech like IoT. I believe that 5G and Cyber Legal Principles will also emerge as a key trend in the year 2022 given that the Cyber Vulnerabilities, New Network Shifts, Cyber Security Breaches will be the new normal. Cyber Hygiene will assume a pivotal position in this regard
Virtual Currency Taxation
The taxing of virtual currency when interpreted in broad perspective hints at a legal sanctity to virtual currencies in the absence of specific legal framework. However, given the pros and cons of such virtual currencies, one hopes that the jurisprudence surrounding such virtual currencies will evolve in reflection with the opinion and consultations of various stake holders.
CONCLUDING THOUGHTS
I believe that we cannot have a 20th Century mind to tackle the 21st century issues. While we are busy seeking answers to these techno developments and advancements, I firmly believe that Cyber Law is going to be your constant opinion and Cyber Law is going to emerge as a key mantra while India rides the tiger across the digital and internet highway with virtual currency, data protection related legislations becoming the new DNA.