LAW TECHNOLOGY INTERFACE
Law, governance & management decided the fate of technology. Not any more. Technology now comes as blitzkrieg & control systems will start from the basic understanding that law, governance & management has to align to technology. Presumably, all such recent legislation’s start with this standpoint. How far they can take it through is the big question!
The recent laws made world over has not been able to tame Data Giants. Is the murky episode of Cambridge Analytica & Facebook a criminal offence? Civil liabilities & fine for companies with deepest pockets the world has ever known is not going to help. It can just be cited as shining examples of a failed system in talks, lectures & seminars. The breach to detection time lag today is at 210 days. 97% of the Fortune 500 companies have been hacked. The others are worse, they don’t know have been hacked. The huge increase in breach of US Federal Databases in 2017 has been a matter of great concern.
There are large breaches, hacks & data manipulation not able to detect technically including IT companies. The implementability of the statute should rattle the governments & enforcement agencies alike. The technical complexity of data in all its dimensions has to be fathomed out. It is an asset & property of a different kind. However much we profess we know, we are not even at the tip of the iceberg. A detailed White Paper on Data Complexity is a must.
Techno-Legal Protocol has to be developed, validated the IT biggies. It would be the procedural law of working in tandem with the proposed Data Protection Act of India. The assistance of practitioners, researchers, ethical hackers is a must. Protocol would require technical testing to be sure of its delivery. One algorithm can undo lots. Enforcement would be tedious, what would be the human & other resources required? We are on a untrodden path. We have to find a method in this madness.
PRIVACY HAS TO FIND A ROBUST TECHNO-LEGAL SOLUTION TO EXIST.