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Can Indian enterprises tackle cyber crime with legal remedies?

Kartik Sharma | Aug. 24, 2012
Enterprises in India are in the forefront when it comes to offering cloud and mobile apps to their employees in online banking, retail, manufacturing and many other sectors.

Enterprises in India are in the forefront when it comes to offering cloud and mobile apps to their employees in online banking, retail, manufacturing and many other sectors. However, these companies are profoundly unprepared and mostly unaware of the mobile app threats lurking in app stores. These enterprises are also victims of large data thefts and various other cyber crimes. However, most of them are left with the only option of revamping their IT systems, and hardly any of them take up the matter legally. The million-dollar question is -- does our country have a proper legal framework to assist enterprises against cyber crime.

Mobile and cloud apps are some of the major targets for cyber crimes. Mobile apps have emerged as a new cyber crime attack vector for phishing and malware, says a market research report by RSA, the security division of EMC.

Krishna Bhat, Deputy General Manager, Bosch says that enterprises in India are still cynical about the security scenario in IT. "We at Bosch are still quite conservative about emerging technologies like BYOD and Clouds because we don't find them secure and we expect no legal assistance in case of an issue. You can any day have a data theft or breach. The cyber criminal can even be your own employee," he says. 

"Legal recourse in such cases is not very easy. Enterprises have seen cases of data breach by their own employees. However, they have restricted themselves from taking up the matter legally. Instead, they work on overhauling their own IT system to prevent such attacks in future", he adds.

Satya Narayan Hawa, Senior Advocate, High Court informs that Information Technology (Amendment) Act, 2008 has various sections under which these cyber crimes can be noted as serious offenses. "There are provisions under section 65, 66 and 67 where cyber crime is considered as serious offense. These sections also contain strict punishments for such cases though more efforts are required to bring these crimes in the complete hold of judiciary," he says.

Enterprises, however, are skeptical. Bhat at Bosch says, "You need to have a strong legal framework to safeguard future cyber crime. As of now I don't see any such strong legal back up in India."

Jeetendra Sharma, Senior Advocate & President, Indian Association of Lawyers says, "Technology has improved phenomenally in the last decade and it is very essential for laws to be enforced to control the cyber crime in enterprises". Although many improvisations are required to make cyber laws more effective, the more important job is of a company or an individual to have faith in the legal process and seek legal redress.

 

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