Information Technology Act Section 70B — Indian Computer Emergency Response Team to serve as national agency for incident response
CHAPTER XI OFFENCES
Cyber Law
Summary
Sub-section (1) states that the Central Government must officially appoint a government agency to be called the Indian Computer Emergency Response Team, through a notification in the Official Gazette.
Sub-section (2) says that the Central Government will provide this agency with a Director General and other officers and employees, as may be prescribed by rules.
Sub-section (3) provides that the salary, allowances, and terms and conditions of service for the Director General and other officers and employees will be as prescribed by rules.
Sub-section (4) lists the functions of the Indian Computer Emergency Response Team as the national agency for cyber security. Under clause (a), it collects, analyses, and disseminates information on cyber incidents. Under clause (b), it issues forecasts and alerts of cyber security incidents. Under clause (c), it takes emergency measures for handling cyber security incidents. Under clause (d), it coordinates cyber incident response activities. Under clause (e), it issues guidelines, advisories, vulnerability notes, and white papers relating to information security practices, procedures, prevention, response, and reporting of cyber incidents. Under clause (f), it performs such other functions relating to cyber security as may be prescribed.
Sub-section (5) states that the manner of performing the functions and duties of the agency will be as prescribed by rules.
Sub-section (6) says that for carrying out the functions listed in sub-section (4), the agency may call for information and give directions to service providers, intermediaries, data centres, body corporates, and any other person.
Sub-section (7) provides that any service provider, intermediary, data centre, body corporate, or person who fails to provide the information called for or fails to comply with a direction under sub-section (6) will be punishable with imprisonment for up to one year, or with a fine of up to one lakh rupees, or with both.
Sub-section (8) states that no court can take cognizance of any offence under this section, except on a complaint made by an officer authorised in this behalf by the agency referred to in sub-section (1).
Official Text
(1) The Central Government shall, by notification in the Official Gazette, appoint an agency of the Government to be called the Indian Computer Emergency Response Team.
(2) The Central Government shall provide the agency referred to in sub-section (1) with a Director General and such other officers and employees as may be prescribed.
(3) The salary and allowances and terms and conditions of the Director-General and other officers and employees shall be such as may be prescribed.
(4) The Indian Computer Emergency Response Team shall serve as the national agency for performing the following functions in the area of cyber security,–
(a) collection, analysis and dissemination of information on cyber incidents;
(b) forecast and alerts of cyber security incidents;
(c) emergency measures for handling cyber security incidents;
(d) coordination of cyber incidents response activities;
(e) issue guidelines, advisories, vulnerability notes and white papers relating to information security practices, procedures, preventation, response and reporting of cyber incidents;
(f) such other functions relating to cyber security as may be prescribed.
(5) The manner of performing functions and duties of the agency referred to in sub-section (1) shall be such as may be prescribed.
(6) For carrying out the provisions of sub-section (4), the agency referred to in sub-section (1) may call for information and give direction to the service providers, intermediaries, data centres, body corporate and any other person.
(7) Any service provider, intermediaries, data centres, body corporate or person who fails to provide the information called for or comply with the direction under sub-section (6), shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one lakh rupees or with both.
(8) No court shall take cognizance of any offence under this section, except on a complaint made by an officer authorised in this behalf by the agency referred to in sub-section (1).]