Demystifying Data Justice: Legal Response to India’s Privacy and Security Standards: Challenges in Cloud Computing

Abstract

Data is the new oil of this economy. Cloud computing acts in the capacity of storing databases, in operational analytics, networking, and intelligence. Indian cloud computing market is valued at 2.2 billion dollars, which is said to scale by 30 percent in 2022. It’s therefore pertinent to understand Indian’s data protection landscape in the light of the Personal Data Protection Bill, 2018 to answer the questions of ownership, controlling, and processing of data in order to reflect upon the liability, obligations, and compliances by intermediaries, dispute resolution forums, data portability, and indemnification. The authors will explore by means of doctrinal method and the challenges posed on the content regulatory mechanism for the internet architecture, which paves responsibility of data classification into lawful and unlawful, with the exception of section 79 of the Information Technology Act. The authors will further examine the encryption standard tools exhibiting data security and the obstacles created by the 40-bit limit encryption standard as part of the DoT’s telecom licensing conditions and section 84A IT Act, 2008, to provide suggestions towards pragmatic delimitation. Cloud computing, being the next growth frontier of the IT industry, makes it more evident to enable cloud forensics in entrusting with investigations and establishing confidence within end-users.