Cyber Laws For CxO
Be Aware... Be Empowered
April 2010
Editor
Naavi
www.naavi.org
Publisher
Ujvala Consultants Pvt Ltd
www.ujvala.com
Interview of the Month-3
This is a brief interview with Sri Umashankar Sivasubramanian, complainant in the historic adjudication case referred elsewhere in this issue.
Indian Banks have made substantial progress in introducing technology for the day to day Banking requirements. However Banks have been the target of many Cyber Crimes including Phishing. As a Customer of a Bank, what in your opinion are the security measures required to be taken by the Bank to safeguard the customers?.
First and foremost thing to safe guard customer of Indian Banks is to adopt digital signatures in transactions involving money transfer/payments. Even though this is mandatory as per I.T Act 2000 no banker is heeding to this provisions and the Supreme body of banks(RBI) is also a mute spectator to this. This is the only solution to safeguard Customers.
You recently passed through the rigors of taking up an adjudication complaint against a major Bank. Can you summarize the practical difficulties you faced in the process and suggest any measures for improvement of the system?
In my opinion, once an offence under I.T. Act is established, only the respondent of the case i.e. the Bank must be questioned by Adjudicator and the onus of proving not guilty of the offence rest with the Bank. Adjudicator himself play the role of complainant in as much as he is convinced of violation of I.T.Act. Only in very rare occasion the complainant should called for hearing. This will save the complainant from unnecessary expenditure. Further there should be only 2 hearings at the most and the adjudication should be settled within 6 months. In my case, besides travel and accommodation expenses, I had to take a leave with loss of pay. At one stage considering the above difficulties, I authorized my aged father who was 700 Kms away from Chennai to attend the hearings and also an expert in cyber law consultant to represent me.
In your opinion, is there adequate awareness in India and the customers of the Indian Bank about the remedies available to them for frauds in Banks and if not what measures are to be taken in this regard?
The customers of Indian Banks are only aware of Banking Ombudsman and Consumer redressal forum for remedy which are of no use in phising cases. They are least aware of remedy under I.T Act.
Other Remarks:
The customers are always told by the Banks in phising cases that it is their negligence in divulging vital information to third parties that has resulted in frauds and they are in no way responsible. They also took shelter under the cover of undertaking signed by the customer at the time of availing Internet Banking facilities which is arbitrary in nature and cannot withstand judicial review. The Banks never accept the shortfalls in their systems and software adopted. As customer education on internet banking the Banks should display in their business premises, the options available under I.T.Act provisions to mitigate their genuine sufferings.
Umashankar Sivasubramanian
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