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

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 Introduction

What Makes India Digital? Deployment of connected devices & Internet of Things (IoT) Machine to Machine (M2M) communication 4 th 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

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

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

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’

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? Privacy & Data Protection

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

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

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

Thank You … Sajai Singh