Digital India: Legal Challenges & Governance Issues

1. ISACA - 19th Annual Karnataka Conference SmartLaw in Digital India - Legal, Regulatory & Governance Challenges July 24, 2016 Sajai Singh Partner J. Sagar Associatesadvocates & solicitors Ahmedabad | Bengaluru | Chennai | Gurgaon | Hyderabad | Mumbai | New Delhi

2. Introduction • Data harvested in a networked and sensor-loaded India, used to improve efficiencies, informed planning and enhance service delivery - New Concept in India • Cybersecurity, in an interconnected world • Cyber forensics & Law enforcement • Consumer Protection • Public-Private Partnerships • Privacy & Data Protection • Liability • Bad Code & Glitches • Neutrality & Objectivity • Cloud Computing

3. What Makes India Digital? • Deployment of connected devices & Internet of Things (IoT) • Machine to Machine (M2M) communication • 4th Industrial Revolution! • India & the Industrial Internet • Big Data created – volume, velocity and variety • Legal tools, which provide closest analogies from past • E-Governance • Technology to improve Government efficiency • Reinvent Government’s relationship with citizens • Citizen empowerment • Less corruption • Increased transparency • Greater convenience • Revenue growth • Cost reduction

4. Security Threats impeding Digital India • Government data and system practically exposed to public realm through Internet • Criminals can now operate on a global scale • Security threats (individual, Government and to critical infrastructure) come in many forms … • Errors & Omissions • Fraud • Employee sabotage • Loss of physical support • Malicious hackers • Malicious code • Industrial espionage • Foreign Government espionage • Identity Theft and Impersonation

5. Consumer Protection • Public expectation from Government will be higher • Greater demand for more accountability and proportional liability • Information deficiencies, specially in view of augmented reality • After-sales difficulties • Fraud and unethical conduct • Identity deception • False advertising • Receiving payment without intending to supply • Scams • Online payment challenges • Apportionment of liability between consumers and service providers • Privacy problems

6. Public-Private Partnership Issues • Meshing of young technology with old infrastructure in commercial partnerships • Several stakeholders involved: • Who would one be contracting with? • Would may be sued? Lack of transparency … • May create conflicts amongst the stakeholders involved • Who owns (and who controls) the (big) data created? • Data may be shielded under the veil of ‘trade secrets’

7. Privacy & Data Protection • How ‘public’ is privacy in Digital India? • Increased and undue surveillance • Who will be responsible for the constant collection swapping, processing, storing and exchanging of personal data?

8. Issues of Liability • Potential fragility of digital infrastructure • Flawed algorithms may lead to resource wastage • Hacking of essential infrastructure • Self-driving car crash liability? • Legal validity of electronic transactions • Contracts with minors • Stamping requirements • Online contracting

9. Net Neutrality • The principle of net neutrality states that internet users should be able to access all content on the internet without being discriminated by ISPs • All websites to be treated equally • All applications accessed at same internet speed • All applications accessible for the same cost

10. Cloud Computing • (Big) Data loss • Service disruption loss • Access and Usage Restrictions • IPR Aspect • Jurisdictional Issues

11. Thank You … Sajai Singh +91 98450 78666 sajai@jsalaw.com