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Section 34: For section 69 of the principal Act, the following sections shall be substituted, namely

The Information Technology(Amendment) Act, 2008Union territory Act of Chandigarh · Act 10 of 2009

'69. (I) Where the Cenlral Government or a State Government or any of its officers speciallyauthorised by the Central Government or the State Government, as the case may be.

in this behalfmay, ifsatisfied that it is necessary or expedient so 10 do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence. relating to above or for investigation ofany offence, it may subject to the provisions of sub-section (1). for reasons to be recorded in ",,'riling, by order, direct any agency of the appropriate Govemmenl to intercept, monitor or detrypt or cause to be intercepted or monitored or decrypted any infonnation generated, transmitted, received or stored in any computer resource.

(1) The proc~ure and safeguards subject to which sucb interception or monitoring or decryption may be eatried out, fhall be such as may be prescnbed.

(3) The subscriber or intermediary or any person in-charge afthe complJter resource shall, when called upon by allY agency referred to in sub-section (I), extend all facilities and technical assistance lO-

(0) provide access to or secure access to the computer resowce generating, transmining, receiving or Sloring such information; Of

(b) intercept, monitor, or decrypt the information, as the case may be: or

(e) provide information stored in computer resource.

• Soc. I] 1lfE GAZETTE OF INOlA EXTRAORDINARY

(4) The subscriberor intermediary or any person who fails to assist the agency referred 10 in sub-section (J) shall be punished .....ith imprisonment for a term which may extend to seven years and shall also be liable to fine.

69A. (I) Where the Central Government or any afits officers specially authorised by it in this behalfis satisfied that it is necessary or expedient50 to do, in the interesto(sovcreignty and integrity of India. defence of India, security afthe State, friendty relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above, it may subject 10 the provisions ofsub-section (2), for reasons to be recorded in writing. by order, direct any agency of the Go\'emmeni or intermediary to block for access by the public or tause to be blocked for IlC«SS by the public any information generated, transmined. received, stored or hosted in any computer resoun::e.

(2) The procedure and safeguards subject to which such blocking for access by the public may be carried out. shall be such as may be prescribed.

(J) The intermediary who fails to comply with the direction issued under sub-section (I) shall be punished with an imprisonmtnt for a term which may extend to seven years and shall also be liable to fine.

698. (I) TheCentral Government may, to enhance cyber security and for identification, analysis and prevention of intrusion or spread ofcomputer contaminant in the country, by notification in the Official Gazette, authorise any agency of the Qovernment to monitor and collect traffic data or information generated, transmined, received or stored in any computer resource.

(2) The intermediary or any person in-eharge or the. computer resource shall, when called upon by the agency which has been authorised under sub-section (I), provide technical assistance and extend all facilities to such agency 10 enable online access or to secure and provide onlineacccss to the computer resource generating, transmitting, receiving or storing such uafftcdata or information.

(J) The p~dure and safeguards for monitoring and collecting traffic data or information, shall be such as tr.ay be prescribed (~Any intennediary who intentionally or knowingly contravenes lhe provisions of sub-section (1) shall be punished with an imprisonment for a term which any extend 10 three years and shall also be liable to fine.

Explonalion.-For the purposes of this .scction,- (I) "computer contaminant" shall have lhe meaning assigned to it 10 section 43j

(il) "mffic data" means any data identifyingor purporting (0 identify any person, computer syslem or computer network or location to or from which the communication is or may be transmitted and includes communications origin, destination, route, time, date, size, dUJ1tion or l)'PC ofuDderlying service and any other mfonmllion.'.

Where this provision sits

ActThe Information Technology(Amendment) Act, 2008
Section34
Marginal noteFor section 69 of the principal Act, the following sections shall be substituted, namely
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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