Current CyberSecurity and Data Protection Laws (India VS USA)

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Current cybersecurity and data protection laws
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What is Cybersecurity?

Cybersecurity is about protecting computers, servers, mobile devices, electronic systems, networks and data from malicious attacks. It is also called information technology security or electronic information security. Cybersecurity is a set of technologies, processes and practices designed to protect networks, devices, programs, and data from attacks, damage, or unauthorized access.

Cybersecurity Issues:

The biggest cybersecurity challenge is the ever-changing nature of the security risks themselves. Traditionally, organizations and governments have focused most of their cybersecurity resources on perimeter security to protect only the most critical system components and fend off known threats.

  • Network Security: The process of protecting your network from unwanted users, attacks, and intrusions.
  • Application Security: Applications require constant updating and testing to ensure that these programs are protected from attacks.
  • Endpoint Security: Remote access is a necessary part of the business, but it can also be a weak point for data. Endpoint security is the process of securing remote access to an organization’s network.
  • Data security: Data resides within networks and applications. Protecting business and customer information is a separate layer of security.
  • Identity Management: Essentially, it is the process of understanding the access that everyone in the organization has.
  • Cloud Security: Many files reside in the digital environment or the cloud. Data protection in a 100% online environment presents several challenges.
  • Mobile security: Cell phones and tablets themselves are associated with almost all kinds of security concerns.

Data protection laws

As more and more social and economic activity takes place on the Internet, the importance of privacy and data protection becomes more evident. Privacy, data privacy or data protection laws provide the legal basis for the receipt, use and storage of personal data.

Various laws around the world describe the right of individuals to control who uses their data. This usually includes the right to receive detailed information about what data is stored, for what purpose, as well as to request deletion if the purpose is no longer indicated.

Privacy Law is a set of laws governing the regulation, storage and use of personal information, personal health information, and financial information of individuals that may be collected by governments, public or private organizations, or others. This also applies in the commercial sector to such things as trade secrets and the liability of directors, officers and employees when dealing with confidential information.

The right to privacy is one of the fundamental rights in India.

The right to privacy is a fundamental right under Article 21 of the Indian Constitution, which sets out our fundamental rights. This was confirmed by a panel of nine judges of the Supreme Court in the case “Judge K.S. Puttaswami v. Union of India “in their landmark decision of 24 August 2017, in which they declared” the right to privacy is an integral part of the game. ” III of the Constitution of India “.

One might wonder why the question of whether the right to privacy is a fundamental right or not was brought up to a panel of nine judges. In 2017, a panel of five Supreme Court justices who heard a case on the Aadhaar map and privacy law said they wanted a nine-person panel to first decide whether confidentiality is a fundamental right before deciding on core Aadhaar cases.

The attorney general in the Aadhaar case then argued that while several Supreme Court decisions recognized the right to privacy, they nevertheless refused to recognize that privacy was a fundamental right in the Kharak Singh Panel of Judges in 1960. .) and the verdict of the deputy of Sharma (passed by the constitutional collegium of eight judges in 1954). Therefore, it was necessary to form a panel of nine judges to decide whether the right to privacy is a fundamental right.

This broad interpretation by the Supreme Court has led to several government initiatives in support of personal data protection laws.

Data Protection Laws India VS USA:

INDIA –

Currently, the Information Technology Act 2000 (the Act) and the rules to which it applies largely govern data protection in India.

The Ministry of Informatics of India has adopted the Information Technology Regulation (Reasonable Security Practices and Procedures and Confidential Personal Data or Information) (Privacy Policy) which has been communicated by the law.

The privacy policy, which came into effect in 2011, requires legal entities that collect, process and store personal information, including confidential personal information, to follow certain procedures.

India is in the process of reviewing the personal data protection regime. However, there is the possibility of introducing a new regulatory framework for non-personal data in India.

The United States –

The 50 US states and territories have hundreds of data privacy and security policies, such as data protection requirements, data deletion, privacy policies, proper use of social security, and data breach notification numbers.

Several US states are also proposing and currently considering state-level privacy legislation; In general, such legislation is similar in some respects to the CCPA but also includes additional or substantially different requirements.

The United States Federal Trade Commission (FTC) has jurisdiction over a wide range of business entities under its jurisdiction to prevent and protect consumers from unfair or deceptive business practices, including materially unfair privacy and confidentiality practices.

Cybersecurity laws are necessary because the growth of cyberspace has created limitless complexities and new and emerging legal challenges. This led to the birth of a special branch of law called cyber law. It is part of the global legal system that deals with cyberspace, the Internet, and related legal cybersecurity issues. Cyber ​​laws provide legal protections for people who use the Internet.

Every industry and every organization faces the consequences of cyber laws.

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