Section 69B of ITA, 2000 : Section 69B: Power To Authorise To Monitor And Collect Traffic Data Or Information Through Any Computer Resource For Cyber Security

Bare Act

(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 of 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 may 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.

Simplified Act

Simplified Explanation of Section 69B of The Information Technology Act, 2000

1. Government Surveillance for Cyber Security: The Indian government can announce officially that certain government agencies are allowed to keep an eye on and collect details about the internet activity happening in the country. This is done to prevent cyber attacks and stop harmful software (like viruses) from spreading.

2. Assistance from Companies and Individuals: If a government agency that's been given this power asks for help, companies that provide internet services and people who manage computer systems must help the agency. They have to give the agency access to the computers and networks to look at the internet activity data.

3. Rules and Protections: There will be specific rules and protections in place that outline how the government can monitor and collect internet activity data.

4. Penalties for Non-Compliance: If an internet service provider or anyone responsible for a comp...

Explanation using Example

Imagine a situation where the Central Government of a country has been noticing an increasing number of cyber attacks, which are threatening the country's cyber security. To combat this, under Section 69B of The Information Technology Act, 2000, the government decides to authorize a government agency to monitor and collect traffic data from all computer resources in the country. This is done with the aim of identifying, analyzing, and preventing the intrusion or spread of computer contaminants (malware, viruses etc.).

Now, consider a popular social media company, SocialNet, which operates in the country. As per the law, SocialNet, being an intermediary, is required to provide technical assistance and extend all faciliti...