FDPPI to introduce CPE system

The year 2022 is unfolding before us and I wish all of you a happy new year.

The year 2022 is more likely than ever before to see the passing of the Indian Data Protection Act.

Since September 2018 when FDPPI was formed we have been preparing professionals in India  to be aware of the Indian Data protection scenario through our continuous educational activities.

In the process we have conducted Training Programs leading to “Certification”, webinars in the form of “Indian Data Protection Summit” and “Jnaana Vardhini” events.

We have also developed a base framework for compliance for the industry.

The time has now come to upgrade all our efforts to a higher level as the country prepares itself for the full fledged Privacy and Data Protection Era.

In this direction FDPPI will be introducing a FDPPI “Continuing Professional Education Program (FDPPI-CPE Program) similar to other professional organizations.

The FDPPI-CPE program is aimed at not only ensuring that our professionals  will be better placed to meet challenges that they may encounter in the domain of Privacy and Data Protection  in the real world, but also ensure that the industry respects our professionals more than ever before.

It is desired that an FDPPI Certified professional should command a respect as well informed and updated professional in the eyes of the industry and the FDPPI-CPE program has to enable it.

Please watch out for the details of the program that would be shared here in a couple of days.

We may start the program with some simple provisions and introduce more features in the coming days.

Naavi

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Google is Inefficient: Cannot distinguish Naavi from Navi

When I first entered the web space with an email and my first website, I took upon the recognition as “Naavi”. My first book in 1998 was authored under the name Naavi. (Cyber Laws for Every Netizen in India). My first website was naavi.com (Which is now used by an Australian Company). The website naavi.org fortunately continues with me. The first email naavi@vsnl.com became unusable since VSNL sold itself to Tatas and they discontinued the email service.

At this time, I had anticipated issues in the domain space arising out of similar looking domain names and had introduced a service called “Lookalikes.in” which was a voluntary disclosure for one website owner to declare that the domain name is not related to another domain name which may look similar.

When I adopted the name Naavi, the name “Navi” was considered and left out since it was a registered trademark of Nokia in Japan and also in India reminded people of Navi Mumbai.

Naavi on the other hand was a direct english translation of my initials in Kannada and I had genuine trademark rights. (My Name is Vijayashankar Nagaraja Rao, where Na in Nagaraja is spoken as Naa).

When the film Avatar was released, Google started behaving erratically recognizing NaVi as equivalent to Naavi and the google search for Naavi was directed to Navi, since the movie used the term Navi to describe  a clan.

After a while Avatar went to the background as the interest in searches on Avatar the movie receded.

Recently however, Mr Sachin Bansal, the former Flipkart entrepreneur is creating problems for me since he has started his new ventures under the name “NaVi”. This business is in the field of Finance and  Loans which also happens to be my career in the past where I worked with Indian Overseas Bank and Nagarjuna group. I was a consultant in the financial sector and done extensive work with NBFCs in Chennai.

As a result when people look at Navi loans or Navi Mutual funds, there is a natural confusion as to whether these businesses are associated with my activities.

When the Naavi.com was acquired by a cyber squatter, I thought the name Naavi could not be that important and ignored the loss. When it was acquired by an Australian Company which was into training, after some initial correspondence the conflict was ignored.

Unfortunately Mr Sachin Bansal’s venture is in India and is related to Finance and I have been receiving some calls to enquire if these companies belong to me. There are spam complaints also against the Navi companies which may get confused with me.

While I can consider placing a disclaimer under Lookalikes.com to declare that naavi.org is not related to Navi group of Sachin Bansal, it is sad to know that Google does not distinguish between Naavi and Navi and search for Naavi gets diverted to Navi.

Google should be ashamed of its algorithm that blindly considers Naavi and Navi same terms and needs to be retrained.

I also request that the Navi group of Companies provide a disclaimer that it is not related to Naavi.

I am not sure how Navi group will deal with their trademark infringement with Nokia but the confusing similarity with Naavi needs to be amicably settled.

I am taking the proactive step since Navi.com is already in the list of “Confusingly similar websites” listed in the Lookalikes disclaimer which is available under the link About-Legal.

I wish that Sachin Bansal group also displays a disclaimer that Navi websites and activities are not related to Naavi.

Naavi

 

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At last some credible organization agrees with Naavi that Crypto currencies have to be out right banned

Over the last several years, Naavi’s has been the sole voice that Crypto Currencies need to be banned outright.

But the corrupt lobby everywhere have been advancing different arguments including the importance of Block chain as a technology, collection of Income Tax revenue, acceptance by other countries etc to justify the Crypto Currency as against the unequivocal stand taken by Naavi that Private Crypto Currencies are the currency of the Corrupt, Criminals and Terrorists and need to be banned to save the country.

Naavi.org has hosted articles and sent individual appeals to all relevant persons in India including the Prime Minister Mr Modi, Home Minister Mr Amit Shah, Finance Ministers Nirmala Sitharaman, the late Arun Jaitely, the RBI Governor, SEBI Chairman, the BJP as a party, the RSS, Swadeshi Jagran Manch and individual ministers such as Ravi Shankar Prasad, Ashwini Vaishnav , Rajeev Chandrashekar, Secretaries of Meity, Home Ministry, law Ministry, MPs like Tejasvi Surya, Smrithi Irani, Piyush Goyal, Adityanath Yogi, Journalists lime Arnab Goswami, Sucheta Dalal, Mohan Das Pai, the functionaries of RSS such as Mohan Bhagwat, S Gurumurthy and others whom I must have forgotten. Many of these people have been approached multiple times, some times through E Mails, some times through teasing articles, Tweets, Koos, etc. Even the judges of the Supreme Court were several times alerted that they had failed in their duty to protect the Country.

However, so far no body had responded positively while the Bitcoin lobby  was mounting its pressure. It appeared that the power of Black Money and corruption was overwhelming even for Mr Modi.

RBI was effectively silenced by the Supreme Court with the “Bollywood Judgement” and though Mr Shaktikant Das made an attempt to lodge his protest, he appeared to be ignored by the Finance Ministry.

As a result of this apathy or tacit support, Bitcoin lobby continued its intense marketing. The recent IPL had full full of Bitcoin Advertisements and a few days back in Bangalore, even the news paper inserts were found to promote Bitcoins as shown below.

It appeared that the whole country had surrendered to the power of corruption and we had lost the fight against Bitcoin.

However, yesterday we had some good news where the Swadesh Jagran Manch came up with a resolution calling for a total ban on Private Crypto Currencies.

I am not sure if the views expressed by Swadeshi Jagran Manch will be respected by Mrs Nirmala Sitharaman and her team who are hell bent on providing some scope for Private Crypto Currencies to exist and grow in India so that the loss of Swiss Bank accounts and the demonetization donot hinder the progress of Black money in India. The tentacles of Black money lead by Crypto Currencies is so large that even the Joint Parliamentary Committee on Personal Data Protection Bill 2019 had inserted a suggestion aimed at legitimizing the Crypto Currency  by recognizing Ripple Exchange to replace SWIFT  for international fund transfers.

We can give a benefit of doubt to the JPC that they did not realise the import of their suggestion but we know that a few years back SEBI had actively canvassed for recognition of Bitcoins and people who plant such ideas in the bureaucracy must be present in different departments of the Government and perhaps even in the PMO.

It is therefore a welcome sign that there is at least one organization in India in the form of Swadesh Jagran Manch which has taken up the responsibility to open the eyes of the Government of Modi to take immediate steps to ban Crypto Currencies.

I would appreciate an immediate ordinance in this regard to be followed up by a Bill in the Budget session.

Hope Madam Nirmala Sitharaman is listening.

Naavi

 

An Innovator Challenges Bankers to innovate or perish

Calling attention of Bankers and Economists in India: Prevent this Financial Holocaust

IMF warns about Macro instability if Cryptos are recognized as legal

What is the next Excuse for not banning Crypto Currencies?

Cryptos pose a new threat- The MetaVerse Trap

A Dangerous nexus between Cricket, Bollywood and Bitcoin may develop..Should nip it in the bud

The Crypto Rupee

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PDPA 2021: Concept of Discovery Consent

The PDPB2019/DPA 2021 addresses several pro-active compliance requirements aimed at managing personal data by data fiduciaries and data processors with the intention of protecting the “Privacy” of an individual. Contraventions  result in civil penalties upto a maximum of 4% of the total worldwide turnover of the data fiduciary.

There is however one section (Section 83) of DPA 2021 which prescribes a criminal punishment with an imprisonment upto 3 years and a fine of upto Rs 2 lakhs or both. This offence is cognizable and non bailable but no court can take cognizance except with a complaint in writing  by the Authority.

Under Section 85, when the offence is attributable to a company, the section extends the offence to the persons  responsible for the conduct of the business of the company unless they can prove lack of knowledge and exercising of due diligence to prevent the commission of the offence. Such liability may extend to even the Directors of the organization.

In case of Government data fiduciaries, there would be an in house enquiry before any person is held liable.

Most of the “Offences” related to “Data” are presently covered by the Information Technology Act 2000. In fact, once “Privacy Protection” through protection of personal data becomes a law, the current provisions of ITA 2000 will automatically apply to offences related to data protection . As such the offences section in DPA 2021 is redundant and only restricts the powers of ITA 2000/8 rather than enhancing  the provisions therein.

For example, if “Reidentification of de-identified personal data” is an offence under DPA 2021, it is also covered under Section 43/66 of ITA 2000 as ” Diminishing the value of information residing inside a computer resource or affects it injuriously by any means” [Section 43(i)].

However, in view of the DPA 2021 having been defined as a special law overriding the current laws (Section 97), the re-identification as defined under Section 83 goes out of the scope of ITA 2000/8. But any other kind of “Injurious effect on personal data” remains within the provisions of ITA 2000.

Having established that DPA 2021 would be the sole law that addresses the issue of “Re-identification”, let us now see the wordings used in Section 83 and understand if it is clear and adequate to address the intention.

83: Re-identification and processing of de-identified personal data.

(1) Any person who, knowingly or intentionally—

(a) re-identifies the personal data which has been de-identified by a data fiduciary or a data processor, as the case may be; or
(b) re-identifies and processes such personal data as mentioned in clause (a),

without the consent of such data fiduciary or data processor, then, such person shall be punishable with imprisonment for a term not exceeding three years or with a fine which may extend to two lakh rupees or with both.

(2) Nothing contained in sub-section (1) shall render any such person liable to any punishment under this section, if he proves that—

(a) the personal data belongs to the person charged with the offence under sub-section (1); or
(b) the data principal whose personal data is in question has explicitly consented to such re-identification or processing as per the provisions of this Act.

As per this section, the “De-identification” is under the control of the Data Fiduciary or a Data Processor who originates the de-identification of the identified personal data. Any other person who is in possession of such de-identified data shall not re-identify the data except with the permission of the original de-identifying agency.

However  such permission may not be required if the re-identifier has an explicit consent of the data principal. If the data principal has already given consent to the de-identifying data fiduciary for use of identifiable information for any purpose, this automatically becomes capable of being transferred to the re-identifying data fiduciary.

But it appears that there could be a possibility that the re-identifying data fiduciary can also obtain “Explicit Consent” of a data principal and proceed with the re-identification. It is true that at the time the “Explicit Consent” is given by a data principal to an intending data fiduciary who would like to re-identify a data set which may “Discover” the personal identifiable data of the data principal, neither of them knows that such a personal data would be “Discovered”.

But it is possible to get such a “Discovery Consent” as per the provisions of this section. This provision is extremely important to all Data Analytics companies and Big Data Companies which may while offering any service to the data principals get an explicit consent to re-identify any information available with or to be collected by the Big Data Company from other data fiduciaries or data processors as de-identified data or publicly available data and use it to create data intelligence required for the provision of services to the individuals.

This provision opens up some exciting opportunities for Digital Marketing Companies who may consider retail services directed to data principals. Probably this benefit will go un noticed by a section of the market and evolve once the DPA confirms some related regulations.

Naavi

“The concept of “Discovery Consent” or “Exploration Consent” is being presented for the first time here. This would be part of the Theory of Data extended for interpretation. More discussions on this would be presented in due course. Your Comments are Welcome”…Naavi

Other articles on DPA 2021

14. PDPA 2021: Concept of Discovery Consent

13. JPC Recommendations on SWIFT Alternative: Out of scope and Disruptive of Global Economic System

12. JPC recommendation on Children Data

11. JPC recommends DPA to watch on Incident Register

10. JPC comments beyond the Amendments-2: Implementation Schedule

9. JPC comments beyond the Amendments-1-Priority of law

8. Clarifications from the JPC Chairman on DPA 2021

7. Anonymisation is like Encryption with a destroyed decryption key 

6. PDPA 2021: The data breach notification regarding Non Personal Data

5. PDPA 2021: The Data Protection Officer is now in an elevated professional status

4. PDPA 2021: The nature of Data as an Asset and nomination facility

3. PDPA 2021: Regulating the human perceptions

2. PDPA 2021: Definition of Harm to include psychological manipulation

1. PDPA 2021: Should Big Data and Data Analytics industry be worried?

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An Innovator Challenges Bankers to innovate or perish

My previous article in which I highlighted my concerns about the Crypto Currencies and Ripple has naturally irritated many Crypto fans.

I thank one of the comments from Netizen Thes  made on this blog  which I would like to answer this point by point. (Comments of Thes in italics)

... Instead of complaining about Ripple, maybe you should encourage banks to innovate and give customers more value.

I agree with Thes that  “innovation” is a constant process of any service and Bankers need to keep on increasing the value of their service through innovation.

I have been supporting “Innovation” to strengthen the services while at the same time being in the forefront of urging Bankers to be “Responsible”  and “True to their responsibility to the society” while delivering their services. In the process I have been a pioneer in holding Banks liable for negligence in case of Banking frauds. In one of the cases, the Tribunal adjudged that “lack of security is passive assistance to a fraudster”.

I consider that “Security” of funds entrusted by a customer to the Bank is a major part of the contractual obligation of a Bank and any innovation cannot be reckless and an experimentation on the security of the customer’s money.

Innovation can be “Disruptive” but not “Destructive”. “Innovation” has a place in a “Sandbox” until it is proved that it is safe to be used in a customer live environment. Customers of a Bank or citizens of a society cannot be the Guinea pigs on which Banks can build their profits.

Some of the innovations in Banking including the “Cryptos” as suggested, indicate that there is no understanding of the role of Banking in the economy. It is as if these “innovators” are treating Business of Banking as a Computer Game where you can afford to die many times only to abort the game and re-start. In the real world there is only one loss of life and there are no cheat codes  to continue playing even after losing once.

Just because there is profit for the technologists, if we push reckless innovation, it should be considered as irresponsible and selfish.

….For years, traditional banks have taken advantage of customers by charging high fees for services such as loan management, and extremely high fees for international remittance

Need for improvement is not a justification for extermination of the Banking system. Exploitation of services and increase in price of commodities and services is a natural process of development and even Bankers are increasing their costs. We all justified technology as a means of better efficiency and lower cost. But with increased use of technology, Banking cost has inly increased and frauds are more disastrous. The “Innovators” have there fore failed the system and are also responsible for the increased cost. Today’s Bankers are Technologists and hence it is unfair to blame the Bankers for increased cost. Perhaps we need to blame it on the Technology providers for increasing the cost of Banking or accept it as part of the development process. If a Pizza 10 years back used to cost a fraction of what it costs today, we cannot only blame the Pizza makers for the increase in the cost and destroy all of them.

….Also, traditional banks have been hugely involved in money laundering. This is almost impossible with companies like Ripple since the blockchain is immutable, secure and transparent.

While honest and dishonest persons can be found everywhere including within the Ripple like system (Please treat this as a reference to the system and not a single company or the executives of a company), we are only discussing the system here and not individuals. If money laundering is possible in traditional Banking, it is the essence of the Crypto innovators and the system of exchanges based on the premise of “Decentralization” and delinking of traditional Bankers and Central Bankers..

The reliance placed on Blockchain to prevent money laundering is not realistic. Any blockchain, public or private or permissive, is as trustworthy as the participants. While in a Banking transaction there may be two authenticators supervised by a system, Blockchain may have more number of “Record keepers” and no “Authentication”. It can be more unreliable than the traditional system since there is no “Accountability” for authentication with a closely identifiable authenticators. Blockchain held in multiple copies may be immutable the same way as you may hold multiple back ups of your traditional data. Mere fact that more number of people are aware of a transaction does not necessarily make it more authentic. Transparency in block chain is a myth since “Privacy” is the basis of block chains systems maintained by private crypto currency issuers. I am not sure if Ripple is different.

….It is ridiculous to say “Crypto Currencies are the currency of the corrupt and corruption is all over our country”.

I disagree. Crypto Currencies are “Digital Black Money” and the most prominent use of Crypto is for Criminal activities. I accept that traditional money is also used for criminal activities and Cryptos can also be used for good activities but the essence of Cryptos is to remain outside the radar of law enforcement and this means that it is the preferred system of value exchange for the corrupt and the criminal. Even if we consider Bitcoins as “Assets” we can say that  most of the assets in circulation have a tainted past having passed through the hands of a criminal. Since they are outside the regulatory radar, they are used  for all criminal activities.

…You sound like you are trying hard to stop innovation so that traditional banks continue to operate freely taking advantage of their customers, or maybe you just not smart enough to know what you are talking about.

…..So because you do not have the ability to compete, you are pleading with people to destroy the innovation.

No. I only support innovation as long as it is not destructive. The CBDC is a concept of innovation which is not destructive. But CBDC cannot be a Bitcoin and hence Crypto fans would  not accept it as innovation. You may also note that I was the pioneer to suggest Digital Value Imprinted Instrument system (DVIIS) as a replacement of many of the Banking instruments much before the modern day innovators came up with the idea of mobile payments and cryptos. My innovative suggestions have always tried to be “Cyber Law Compliant” and not meant as instruments for the criminals. DVIIS systems for which a patent application was pending in the USPTO when the twin towers were destroyed by the terrorists is being adopted today after 2 decades by the modern day innovators.

….Just like with the invention of the internet, there will be winners and losers,

Internet was a fundamental platform which could be adopted by all. Similarly, blockchain is a technology that can be adopted by all. I have no issue with such innovations which can be adopted by others and some will win and some will lose.

However, a specific service that runs on the acceptable innovative platform such as a Bitcoin or Ripple has a different impact. When Napster started the peer to peer service for sharing of music, I was in favour of the technology but traditional music companies shot it down. It was a service which was useful but if the society adopts IPR as an accepted principle, Napster had to yield space.

Similarly Blockchain as a technology is acceptable. But creating a network to destroy the fiat currencies or to destroy the sovereign Central banks needs to be looked at in a different perspective.

At one point of time there was only one Bitcoin. It was fun and appreciable innovation. Today Crypto currencies are in thousands. There are ICOs, NFTs, Tokenized  virtual real estate and currencies of popular computer games and so on. The market capitalization of all these crypto assets not under any kind of governance by a sovereign Government is substantial and cannot be ignored.

If some innovators think that why should there be a system governed by a sovereign government, then they are advocating the Chaotic pre-historic world.

Today we may disagree with one sovereign government or the other, one leader over the other but the world is working under some order.

If we want to destroy this order and say that Government should not have control on the economic system, then such persons should not expect any other service from the Government including security of life and property.

When there is a crypto crime, the victim should not ask for the help of the law enforcement.  When you want to buy a computing device, donot expect any   Government to support the demand and supply or pricing or raw material supply. Donot expect the Government to mine silicon and give it to the chip makers. Let the innovative technologist develop his own organic method of developing the innovative technology.

I am sure the innovators would not like this. They want all the benefits of a civilized society and then enjoy the freedom not to contribute to the society by way of taxes or otherwise. This is hypocrisy of the highest order.

….My advice to you and your fellow banker friends is innovate and find ways to compete with companies that seem to be doing what you are doing better than you

My advice to all the “Destroy the traditional systems” is that you find a way of creating and living entirely in the Meta Society, eating Meta Food, using Meta Currency, enjoying the Meta Economic system. Have as much chaos as possible in your “Alternativelife.com” as long as you donot want a cross society interaction with the Physical society.

If you want to have the benefits of cross society interactions, earn in Bitcoins and pay for your Physical, eatable Pizza in Sterling Pounds or INR, then respect the existence of the physical society and avoid trying to destroy it for your selfish reasons.

We the inhabitants of the physical society have a right to demand that technology cannot be used to destroy us. Just as scientific inventions are welcome to create a nuclear energy source but not for making nuclear bombs, innovation in technology is welcome as long as it is supportive of life in physical society and not when it is used as a destructive force.

The Crypto Currencies and the Ripple network of exchanges outside the Central banks of different countries and mixing of Private Crypto Currencies and legit currencies is a monstrous suggestion which needs to be dismantled before it starts destroying the world.

Naavi

P.S: Kindly note that my comments above are against the system of Private Crypto Currencies and the system of global exchange system that bypasses the Central banks. It is not directed at any specific company. A reference to Ripple is made since it is the center of discussion now as a suggested alternative to SWIFT in some circles.

I am an Ex-Banker. My views are only of academic interest. Do Current Bankers and RBI have any views on the above? If so…Please share… If you remain quiet now, you will be pushed to the oblivion.

(Comments are welcome)

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Calling attention of Bankers and Economists in India: Prevent this Financial Holocaust

To

All Bankers, Economists in India

Dear Friends,

I have been highlighting the ill effects of Bitcoins and Private Crypto Currencies through these columns and urging the Government  to use the Crypto Currency Bill to ban all private Crypto currencies.

However, Crypto Currencies are the currency of the corrupt and corruption is all over our country and hence voices of people like us get drowned amidst the power of voices financed by corruption. Crypto Currencies have corrupted our Bureacracy, politicians, businessmen and even the Judiciary. Hence it is difficult to expect that a rational decision would be taken by the Government on the Crypto Currency Bill.

As a result the Government is prevented from even presenting the Crypto Currency Bill in the Parliament.

Now I am seeing an even greater danger which can  cause Holocaust or Pralaya in the financial systems. This is the emergence of Ripple and the Crypto Currency XRP.

While smaller Crypto exchanges are trying to make our Banks like SBI or ICICI Bank or HDFC Bank redundant and leading to their eventual closure, Ripple has set it sights on destroying the RBI and all other Central banks of the globe.

Ripple has set up a network of institutions which can send and receive money outside the network of SWIFT which means outside the regulation of the Central banks. Since XRP is convertible to any private crypto currency, Ripple is already capable of providing a global exchange and settlement for digital black money. Once this settles down, the RBI’s would be redundant, FEMA would not work and the global financial system would accelerate to its death.

My views are based on being an Ex-Banker and I want qualified economists and Bankers of the day to take a serious look at the impact  that can be caused by the Ripple system and how we can protect this catastrophe.

This is as important preventing global warming which can cause a watery grave for the earth.  I feel that India is in the cusp of an opportunity to take global leadership in ensuring that the Private Crypto Currencies and the exchanges like Ripple are effectively neutralized through our own Crypto Currency law and setting up a global group of countries to protect the financial holocaust.

Kindly respond before it is too late.

Naavi

Refer : JPC recommendation on SWIFT..

 

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