Air India data breach: Delhi journalist seeks ₹30 lakh compensation from airline
New Delhi, Jul 4: An Air India flyer has sought damages from the airline after the recent leak of personal data of 4.5 million passengers.
A legal notice was sent to Air India management on Sunday by Ritika Handoo in which she said that the airline informed her about the breach on June 1, her lawyer said.
Terming the breach as a violation of her "right to be forgotten and informational autonomy", she sought a compensation of Rs 30 lakh.
Air India's passenger service system provider SITA faced a sophisticated cyberattack in February this year leading to the leak of personal data of 4.5 million passengers -- which included passengers of the national carrier -- from across the world, the email sent by the carrier said.
The breach involved personal data registered between August 26, 2011 and February 20, 2021, with details that included name, date of birth, contact information, passport information, ticket information, Star Alliance and Air India frequent flyer data (but no passwords data were affected) as well as credit cards data.
"However, in respect of this last type of data, CVV/CVC numbers are not held by our data processor," the email said.
Handoo, a Delhi-based journalist, in her notice to Air India accused it of "knowingly, intentionally and deliberately" leaking the personal data and for breach of sensitive information.
Noticees (Air India) are the guilty of leaking the sensitive information and personal data of my client.
My client was shocked and alarmed to learn the recent security lapse of you the Noticees that has led to a massive personal data breach that includes sensitive personal information and personal data thereby, making my client's personal data open to exploitation, the notice sent through advocate Ashwani Kumar Dubey said.
Referring to Chapter VII of the Company's Customer Care Data Privacy Policy, the notice said that it clearly provides that all customers retain control over their data/information to the extent possible so as to change the personal information in your records except in exceptional circumstances where it's a law and order issue.
Now that my client does not have any control over personal information as the same is stolen, it violates my client's right to privacy and right to be forgotten as this loss of control over his personal data has led to a loss of my client's informational autonomy, which is guaranteed as a fundamental right by the Supreme Court in Justice K.S. Puttuswamy (Retd.) & Anr. Vs. Union of India & Ors, the notice said.
Data of 4.5 million passengers which includes Air India's passengers across the world has been "affected" due to the cyberattack on SITA, the statement said. SITA is based out of Geneva in Switzerland.
"Air India would like to inform its valued customers that its passenger service system provider has informed about a sophisticated cyber-attack it was subjected to in the last week of February 2021," the airline had said.
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Actress sexual assault: Court says Prosecution 'miserably' failed to prove conspiracy against Dileep
Kochi (PTI): The prosecution had "miserably" failed to prove the conspiracy charge against Dileep in the sensational 2017 actress sexual assault case, a local court has observed while citing inconsistencies and lack of sufficient evidence against the Malayalam star.
The full judgement of Ernakulam District and Principal Sessions Court Judge Honey M Varghese was released late on Friday, and has revealed the judge also pointing out at unsustainable arguments put forth by the prosecution.
"The prosecution miserably failed to prove the conspiracy between accused No.1 (Pulsar Suni) and accused No.8 (Dileep) in executing the offence against the victim," the court held.
It examined in detail, the prosecution's allegation that Dileep had hired the prime accused to sexually assault the survivor and record visuals, including close-up footage of a gold ring she was wearing, to establish her identity.
On page 1130 of the judgment, under paragraph 703, the court framed the issue as whether the prosecution's contention that NS Sunil (Pulsar Suni) recorded visuals of the gold ring worn by the victim at the time of the occurrence, so as to clearly disclose her identity, was sustainable.
The prosecution contended Dileep and Suni had planned the recording so that the actress' identity would be unmistakable, with the video of the gold ring intended to convince Dileep that the visuals were genuine.
However, the court noted that this contention was not stated in the first charge sheet and was introduced only in the second one.
As part of this claim, a gold ring was seized after the victim produced it before the police.
The court observed that multiple statements of the victim were recorded from February 18, 2017, following the incident, and that she first raised allegations against Dileep only on June 3, 2017.
Even on that day, nothing was mentioned about filming of the ring as claimed by the prosecution, the court said.
The prosecution failed to explain why the victim did not disclose this fact at the earliest available opportunities.
It further noted that although the victim had viewed the sexual assault visuals twice, she did not mention any specific recording of the gold ring on those occasions, which remained unexplained.
The court also examined the approvers' statements.
One approver told the magistrate that Dileep had instructed Pulsar Suni to record the victim's wedding ring.
The court observed that no such wedding ring was available with her at that time.
During the trial, the approver changed his version, the court said.
The Special Public Prosecutor put a leading question to the approver on whether Dileep had instructed the recording of the ring, after which he deposed that the instruction was to record it to prove the victim's identity.
The court observed that the approver changed his account to corroborate the victim's evidence.
When the same question was put to another approver, he repeated the claim during the trial but admitted he had never stated this fact before the investigating officer.
The court noted that the second approver even went to the extent of claiming Dileep had instructed the execution of the crime as the victim's engagement was over.
This showed that the evidence of the second approver regarding the shooting of the ring was untrue, as her engagement had taken place after the crime.
The court further observed that the visuals themselves clearly revealed the victim's identity and that there was no need to capture images of the ring to establish identity.
In paragraph 887, the court examined the alleged motive behind the crime and noted that in the first charge sheet, the prosecution had claimed that accused persons 1 to 6 had kidnapped the victim with the common intention of capturing nude visuals to extort money by threatening to circulate them and there was no mention about Dileep's role in it.
The court also rejected the prosecution's claim that the accused had been planning the assault on Dileep's instructions since 2013, noting that the allegation was not supported by reliable evidence.
It similarly ruled out the claim that Suni attempted to sexually assault the victim in Goa in January 2017, stating that witness statements showed no such misconduct when he served as the driver of the vehicle used by the actress there.
The court also discussed various controversies that followed Dileep's arrest and the evidence relied upon by the prosecution, ultimately finding that the case had not been proved.
Pronouning its verdict on the sensational case on December 8, the court acquitted Dileep and three others.
Later, the court sentenced six accused, including the prime accused Suni, to 20 years' rigorous imprisonment.
The assault on the multilingual actress, after the accused allegedly forced their way into her car and held it under their control for two hours on February 17, 2017, had shocked Kerala.
Pulsar Suni sexually assaulted the actress and video recorded the act with the help of the other convicted persons in the moving car.
