In this informative video, Dr. Prashant Mali, a renowned cybercrime and privacy lawyer at the Bombay High Court, explains the legal issues surrounding cloud computing. He provides valuable insights on the current state of cyber laws in India and sheds light on the upcoming data privacy bill, known as DPDP (Data Protection and Data Privacy). With his vast knowledge and experience, Dr. Mali discusses key sections of the IT Act that individuals and IT professionals should be aware of, such as Section 72, which addresses data breach and privacy violations, and Section 80, which grants the police the power to search and seize electronic devices.
Drawing from a significant case involving a fraudulent company, Dr. Mali emphasizes the importance of understanding the implications of cloud computing. He explains how Section 80 can give the police the authority to confiscate hardware from data centers, including blade servers, storage devices, and even seal the entire data center itself. This insightful discussion on the legal challenges faced by data center owners provides an eye-opening perspective for IT professionals and individuals alike.
Dr. Mali highlights potential risks and legalities associated with cloud computing and the need for precautionary measures. He points out that Section 72 covers offenses related to privacy breaches and data theft, with imprisonment of up to two years and fines. However, under Section 43(a), fines can escalate into crores of rupees, emphasizing the significance of taking cloud computing risks seriously.
Looking ahead, Dr. Mali emphasizes the importance of preparing for the DPDP, as it introduces new regulations and penalties for data privacy violations. He explains that with the absence of criminal liability, the fines under DPDP can reach staggering amounts, such as 500 crores for non-compliance with security practices and up to 200 crores for not reporting breaches.
Furthermore, Dr. Mali discusses the establishment of a data protection board, comprising government-appointed individuals, without any involvement of judges. He points out the potential for applying ransomware negotiation tactics during interactions with this board, emphasizing the need for developing new skills for compliance with DPDP.
Lastly, Dr. Mali addresses the crucial issue of cross-border flow of data, with DPDP introducing provisions for data localization and regulations based on treaties with other countries. He points out the manipulative nature of the government’s approach, referring to it as backdoor legislation, where rules are introduced as amendments instead of being part of the original act.
For valuable insights on cloud computing, cyber laws, and the upcoming DPDP, this video by Dr. Prashant Mali is a must-watch. Prepare yourself for the future of data privacy and cybersecurity in India by staying informed about the evolving legal landscape.
– [Original Video](#)!
– [Bombay High Court](#)!
Advocate (Dr.) Prashant Mali, Cybercrime & Privacy Lawyer- Bombay High Court at #13thWIITF2023