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Sec 69B, Information Technology Act 2000: Power to authorise to monitor...

Information Technology Act 2000

Chapter XI (Offences)

Section 69B (Power 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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Notes:

Section 69B was newly inserted by the Information Technology (Amendment) Act 2008 w.e.f. 27 Oct 2009.

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