Centre of Excellence for Digital India Laws and Regulations in India (CEDILRI) is the exclusive techno legal initiative of its type in India and worldwide. It is managed by Perry4Law Organisation (P4LO) that has been providing techno legal opinions and suggestions to various stakeholders associated with the Digital India project of Indian Government.
Digital India is a technology driven initiative and as a result it is prone to all the weaknesses and drawbacks of information and communication technology (ICT). For instance, Digital India can be used to violate Civil Liberties in Cyberspace if proper procedural safeguards and Privacy laws are not at place. Issues of censorship and surveillance under Digital India and Aadhaar projects are as real and in existence as these projects are. As on date we have no dedicated laws to deal with these civil liberties violating activities under Digital India and Aadhaar.
Another example can be inadequate or absent cyber security capabilities for Digital India that is the situation as on date. For instance, Indian cyberspace is a vulnerable place where cyber crimes and cyber attacks are rampant. The cyber security infrastructure in India is not at all adequate for the contemporary volatile times and India has done little in this regard. Even there are no mandatory cyber breach disclosure norms in India that can be used to strengthen Indian cyber security.
As far as Indian cyber law is concerned, it is also outdated and needs urgent repeal. Similar is the case of Indian Telegraph Act that is colonial in nature and leaning heavily towards e-surveillance and eavesdropping.
However, the worst problem regarding laws and regulations of India is that there is practically no implementation of the same. Whether it is e-commerce law, banking laws, cyber security regulations, cyber law or any other law of India, enforcement of these laws and regulations is a grossly negligent area. For instance, Directors of Indian companies and banks are required to comply with the requirements of cyber law and cyber security but none of them are doing so. They are confident that Indian Government and its agencies would not touch them and they feel that legal compliance is a redundant exercise in India. Even the warnings of Reserve Bank of India (RBI) issued to banks of India in this regard have proved to be mere paper formalities.
Crucial techno legal compliances like cyber law due diligence (Pdf), Internet intermediary liability, etc are also not sufficiently formulated by Indian Government. There are many more techno legal policies and regulations that are required to be formulated by Indian Government on a priority basis.
Perry4Law Organisation (P4LO) believes that projects like Digital India, Aadhaar, etc must be supported by suitable and constitutional techno legal laws. As there is no political will and expertise to achieve this complicated techno legal process, Perry4Law Organisation (P4LO) has started this initiative to help Indian Government and other national and international stakeholders in this regard. We hope all the stakeholders would find this initiative useful.