Lawgist69BPower to authorise to monitor and collect traffic data or information through any computer resource for cyber security
(1) The Central Government may, to enhance cyber security and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country, by notification in the Official Gazette, authorise any agency of the Government to monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.
(2) The intermediary or any person in-charge or the computer resource shall, when called upon by the agency which has been authorised under sub-section (1), provide technical assistance and extend all facilities to such agency to enable online access or to secure and provide online access to the computer resource generating, transmitting, receiving or storing such traffic data or information.
(3) The procedure and safeguards for monitoring and collecting traffic data or information, shall be such as may be prescribed.
(4) Any intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) shall be punished with an imprisonment for a term which any extend to three years and shall also be liable to fine.
Explanation.--For the purposes of this section,--
(i) "computer contaminant" shall have the meaning assigned to it in section 43;
(ii) "traffic data" means any data identifying or purporting to identify any person, computer system or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, data, size, duration or type of underlying service and any other information.]
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- 1 Short title, extent, commencement and application
- 2 Definitions
- 3 Authentication of electronic records
- 3A Electronic signature
- 4 Legal recognition of electronic records
- 5 Legal recognition of electronic signatures
- 6 Use of electronic records and electronic signatures in Government and its agencies
- 6A Delivery of services by service provider
- 7 Retention of electronic records
- 7A Audit of documents, etc., maintained in electronic form
- 8 Publication of rule, regulation, etc., in Electronic Gazette
- 9 Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form
- 10 Power to make rules by Central Government in respect of electronic signature
- 10A Validity of contracts formed through electronic means
- 11 Attribution of electronic records
- 12 Acknowledgment of receipt
- 13 Time and place of despatch and receipt of electronic record
- 14 Secure electronic record
- 15 Secure electronic signature
- 16 Security procedures and practices
- 17 Appointment of Controller and other officers
- 18 Functions of Controller
- 19 Recognition of foreign Certifying Authorities
- 20 [Omitted.]
- 21 Licence to issue electronic signature Certificates
- 22 Application for licence
- 23 Renewal of licence
- 24 Procedure for grant or rejection of licence
- 25 Suspension of licence
- 26 Notice of suspension or revocation of licence
- 27 Power to delegate
- 28 Power to investigate contraventions
- 29 Access to computers and data
- 30 Certifying Authority to follow certain procedures
- 31 Certifying Authority to ensure compliance of the Act, etc
- 32 Display of licence
- 33 Surrender of licence
- 34 Disclosure
- 35 Certifying authority to issue electronic signature Certificate
- 36 Representations upon issuance of Digital signature Certificate
- 37 Suspension of Digital Signature Certificate
- 38 Revocation of Digital Signature Certificate
- 39 Notice of suspension or revocation
- 40 Generating key pair
- 40A Duties of subscriber of Electronic Signature Certificate
- 41 Acceptance of Digital Signature Certificate
- 42 Control of private key
- 43 Penalty and compensation for damage to computer, computer system, etc
- 43A Compensation for failure to protect data
- 44 Penalty for failure to furnish information, return, etc
- 45 Residuary penalty
- 46 Power to adjudicate
- 47 Factors to be taken into account by the adjudicating officer
- 48 Appellate Tribunal
- 49 [Omitted.]
- 50 [Omitted.]
- 51 [Omitted.]
- 52 [Omitted.]
- 52A [Omitted.]
- 52B [Omitted.]
- 52C [Omitted.]
- 52D Decision by majority
- 53 [Omitted.]
- 54 [Omitted.]
- 55 Orders constituting Appellate Tribunal to be final and not to invalidate its proceedings
- 56 [Omitted.]
- 57 Appeal to Appellate Tribunal
- 58 Procedure and powers of the Appellate Tribunal
- 59 Right to legal representation
- 60 Limitation
- 61 Civil court not to have jurisdiction
- 62 Appeal to High Court
- 63 Compounding of contraventions
- 64 Recovery of penalty or compensation
- 65 Tampering with computer source documents
- 66 Computer related offences
- 66A Punishment for sending offensive messages through communication service, etc
- 66B Punishment for dishonestly receiving stolen computer resource or communication device
- 66C Punishment for identity theft
- 66D Punishment for cheating by personation by using computer resource
- 66E Punishment for violation of privacy
- 66F Punishment for cyber terrorism
- 67 Punishment for publishing or transmitting obscene material in electronic form
- 67A Punishment for publishing or transmitting of material containing sexually explicit act, etc., in electronic form
- 67B Punishment for publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic form
- 67C Preservation and retention of information by intermediaries
- 68 Power of Controller to give directions
- 69 Power to issue directions for interception or monitoring or decryption of any information through any computer resource
- 69A Power to issue directions for blocking for public access of any information through any computer resource
- 69B Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
- 70 Protected system
- 70A National nodal agency
- 70B Indian Computer Emergency Response Team to serve as national agency for incident response
- 71 Penalty for misrepresentation
- 72 Penalty for Breach of confidentiality and privacy
- 72A Punishment for disclosure of information in breach of lawful contract
- 73 Penalty for publishing electronic signature Certificate false in certain particulars
- 74 Publication for fraudulent purpose
- 75 Act to apply for offence or contravention committed outside India
- 76 Confiscation
- 77 Compensation, penalties or confiscation not to interfere with other punishment
- 77A Compounding of offences
- 77B Offences with three years imprisonment to be bailable
- 78 Power to investigate offences
- 79 Exemption from liability of intermediary in certain cases
- 79A Central Government to notify Examiner of Electronic Evidence
- 80 Power of police officer and other officers to enter, search, etc
- 81 Act to have overriding effect
- 81A Application of the Act to electronic cheque and truncated cheque
- 82 Controller, Deputy Controller and Assistant Controller to be public servants
- 83 Power to give directions
- 84 Protection of action taken in good faith
- 84A Modes or methods for encryption
- 84B Punishment for abetment of offences
- 84C Punishment for attempt to commit offences
- 85 Offences by companies
- 86 Removal of difficulties
- 87 Power of Central Government to make rules
- 88 Constitution of Advisory Committee
- 89 Power of Controller to make regulations
- 90 Power of State Government to make rules
- 91 [Omitted.]
- 92 [Omitted.]
- 93 [Omitted.]
- 94 [Omitted.]
