Sensitive Court Data May Have Been Seen by Indian Company

Sensitive data from Australia's Federal Court may have been accessed by an Indian company called e24 Technologies. The court did not know that its transcription service, VIQ Solutions, had hired this company. There are also worries about the quality of the transcripts.
By Newsroom | Data Security, Australia |

Court documents containing sensitive personal information may have been accessed by an entity in India, raising questions about data security protocols and contractual oversight. The Federal Court of Australia uses VIQ Solutions to produce transcripts, and VIQ Solutions, in turn, contracted with e24 Technologies, an Indian-based company. The Federal Court has stated it was unaware of this subcontracting arrangement. Concerns have also been raised about the quality of transcripts provided by VIQ Solutions and the lack of response to these concerns.

Timeline and Key Players

The Federal Court of Australia engages VIQ Solutions for the generation of court transcripts. VIQ Solutions then entered into a subcontracting agreement with e24 Technologies, a company operating in India, to perform transcription services. The Federal Court was not informed of this subcontracting. An Australian transcriber, who works for VIQ Solutions, reportedly voiced concerns about transcript quality to VIQ, but these concerns were allegedly unaddressed. This situation unfolds against a backdrop of evolving data protection laws in India, including the Digital Personal Data Protection (DPDP) Act, 2023.

Contractual Oversight and Data Flow

  • The Federal Court contracted VIQ Solutions for transcription services, but VIQ Solutions engaged e24 Technologies in India without the Court's knowledge. This lack of transparency in the supply chain is a critical point of inquiry. The Federal Court manages its contract with VIQ Solutions.

Data Sensitivity and Privacy Concerns

The transcripts in question reportedly contain the names of protected persons. This highlights the highly sensitive nature of the data being processed. Australia's Federal Court relies on transcription services for its operations, which necessarily involve the handling of personal and confidential information.

India's Evolving Data Protection Framework

India has recently enacted the Digital Personal Data Protection (DPDP) Act, 2023. This legislation establishes a statutory framework for data protection, defining obligations for "Data Fiduciaries" (entities responsible for data) and "Data Processors" (entities processing data on behalf of fiduciaries). The law introduces provisions for "significant data fiduciaries" (SDFs) based on criteria such as data volume, sensitivity, and risk.

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  • Data Fiduciary: Responsible for collecting, storing, and processing digital personal data.

  • Significant Data Fiduciary (SDF): Designated based on data volume, sensitivity, and associated risks.

  • Data Processor: Processes personal data on behalf of a Data Fiduciary.

The DPDP Act, 2023, marks a significant shift in India's approach to data privacy, being the first cross-sectoral law of its kind in the country.

Subcontracting and Data Security Risks

The subcontracting of transcription work to e24 Technologies in India raises pertinent questions regarding data security protocols and compliance with any relevant data protection agreements. While India's new data protection law aims to bolster privacy, the flow of sensitive data through third-party processors necessitates a thorough examination of their security measures.

  • Was VIQ Solutions fully aware of and compliant with the data handling and security requirements stipulated by its contract with the Federal Court when engaging e24 Technologies?

  • What specific data security measures are implemented by e24 Technologies to safeguard sensitive Australian court data?

Allegations of Unaddressed Concerns

Reports indicate that an Australian transcriber working for VIQ Solutions raised concerns about transcript quality. The alleged failure to address these concerns before or during the subcontracting arrangement with e24 Technologies could suggest a broader pattern of insufficient attention to quality control and data handling processes.

Expert Analysis

The situation underscores the complexities inherent in managing outsourced data processing, particularly when sensitive information is involved. As India's DPDP Act, 2023, comes into effect, entities like VIQ Solutions and their subcontractors must ensure robust compliance.

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"The core issue is ensuring that when a primary contractor delegates work, they maintain full visibility and control over how sensitive data is handled by their subcontractors. This includes understanding the subcontractor's security practices and ensuring they align with the primary contract's obligations and relevant legal frameworks." - [Unnamed data privacy consultant, based on general industry principles]

The principle of "open justice," which favors public access to court information, is increasingly enabled by digital processes. However, this digital shift must be precisely balanced with the imperative to protect sensitive personal data.

Conclusion and Implications

The reported access of sensitive Federal Court data via e24 Technologies in India necessitates a comprehensive investigation into the contractual chain between the Federal Court, VIQ Solutions, and e24 Technologies. Key areas for examination include:

  • The full extent of data access by e24 Technologies.

  • VIQ Solutions' due diligence and oversight of its subcontractor.

  • The Federal Court's awareness and consent regarding the subcontracting.

  • Compliance with Australian data protection requirements and India's DPDP Act, 2023.

  • The adequacy of responses to prior quality and process concerns.

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This incident highlights the critical need for stringent contractual clauses, continuous monitoring of third-party data processors, and a clear understanding of data flows, especially when dealing with sensitive government and personal information.

Sources Used

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Frequently Asked Questions

Q: Could sensitive court information be seen by others?
Yes, it is possible that sensitive information from court documents was seen by an Indian company. This happened because the company that makes court papers hired another company in India. The court did not know this was happening.
Q: Who is VIQ Solutions and e24 Technologies?
VIQ Solutions is a company that makes transcripts for the Federal Court of Australia. They hired e24 Technologies, a company in India, to help with this work. The Federal Court did not know about this second company.
Q: Are there other problems?
Some people have also said that the quality of the court papers made by VIQ Solutions is not good. They also say that their worries about this were not answered.
Q: What is India's new data law?
India has a new law called the Digital Personal Data Protection Act, 2023. This law helps to protect people's personal information when it is used by companies.