Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
TMI Blog
Home / TMI Blogs / RSS

Information Technology (Procedure and safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... in some manner and include both a direct communication and an indirect communication; (c) "communication link" means the use of satellite, microwave, radio, terrestrial line, wire, wireless or any other communication media to inter-connect computer resource; (d) "competent authority" means the Secretary to the Government of India in the Department of Information Technology under the Ministry of Communications and Information Technology; (e) "computer resource" means computer resource as defined in clause (k) of sub-section (1) of section 2 of the Act; (f) "cyber security incident" means any real or suspected adverse event in relation to cyber security that violates an explicitly or implicitly applicable security policy resulting in unauthorized access, denial of service/ disruption, unauthorised use of a computer resource for processing or storage of information or changes to data, information without authorisation; (g) "cyber security breaches" means unauthorised acquisition or unauthorised use by a person of data or information that compromises the confidentiality, integrity or availability of information maintained in a computer reso....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....; (f) identifying or tracking of any person who has breached, or is suspected of having breached or being likely to breach cyber security; (g) undertaking forensic of the concerned computer resource as a part of investigation or internal audit of information security practices in the computer resource; (h) accessing a stored information for enforcement of any provisions of the laws relating to cyber security for the time being in force; (i) any other matter relating to cyber security. (3) Any direction issued by the competent authority under sub-rule (2) shall contain reasons for such direction and a copy of such direction shall be forwarded to the Review Committee within a period of seven working days. (4) The direction of the competent authority for monitoring and collection of traffic data or information may include the monitoring and collection of traffic data or information from any person or class of persons or relating to any particular subject whether such traffic data or information, or class of traffic data or information, are received with one or more computer resources, being a computer resource likely to be used for the generat....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a or information. (8) On receipt of requisition under sub-rule (2) conveying the direction issued under sub-rule (2) of rule 3, the designated officer of the intermediary or person in-charge of computer resource designated under sub-rule (4) shall acknowledge the receipt of requisition by way of letter or fax or electronically signed e-mail to the nodal officer within a period of two hours from the time of receipt of such requisition. (9) The officer of the intermediary or person in-charge of computer resource designated under sub-rule (4) shall maintain proper records of the requisitions received by him. (10) The designated officer of the intermediary or person in-charge of computer resource shall forward in every fifteen days a list of requisition conveying direction for monitoring or collection of traffic data or information to the nodal officer which shall include details such as the reference and date of requisition conveying direction of the concerned competent authority. 5. Intermediary to ensure effective check in handling monitoring or collection of traffic data or information.- The intermediary or person in-charge of computer resources shall put in place adequ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y shall maintain extreme secrecy. 9. Prohibition of monitoring or collection of traffic data or information without authorisation.- (1) Any person who, intentionally or knowingly, without authorisation under sub-rule (2) of rule 3 or sub-rule (1) of rule 4, monitors or collects traffic data or information, or attempts to monitor or collect traffic data or information, or authorises or assists any person to monitor or collect traffic data or information in the course of its occurrence or transmission at any place within India, shall be proceeded against, punished accordingly under the relevant provisions of the law for the time being in force. (2) The monitoring or collection of traffic data or information in computer resource by the employee of an intermediary or person in-charge of computer resource or a person duly authorised by the intermediary, may be undertaken in course of his duty relating to the services provided by that intermediary, if such activities are reasonably necessary for the discharge his duties as per the prevailing industry practices, in connection with the following matters, namely :- (i) installation of computer resource or any equipment to ....