Information Technology Act Section 69B — Power to authorise to monitor and collect traffic data or information through any computer resource for cyber security
CHAPTER XI OFFENCES
Cyber Law
Summary
Sub-section (1) allows the Central Government to authorise any government agency, through an official notification, to monitor and collect traffic data or information that is generated, transmitted, received, or stored in any computer resource. This power is granted for the purpose of enhancing cyber security and for identifying, analysing, and preventing intrusions or the spread of computer contaminants in the country.
Sub-section (2) requires the intermediary or any person in charge of the computer resource to provide technical assistance and extend all facilities to the authorised agency when called upon. This is to enable the agency to access the computer resource online, or to secure and provide online access to the computer resource that generates, transmits, receives, or stores the traffic data or information.
Sub-section (3) states that the procedure and safeguards for monitoring and collecting traffic data or information will be as prescribed, meaning as set out in rules or regulations made under the Act.
Sub-section (4) provides that any intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to a fine.
The Explanation clarifies two terms used in this section. First, computer contaminant has the meaning assigned to it in section 43 of the Act. Second, traffic data means any data that identifies or purports to identify any person, computer system, 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.
Official Text
(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.]