In exercise of die powers conferred by clause (y) of sub-section (2) of section 87, read with sub-section (2) erf section 69 of the Infenwatian Technology Act, 2000 {21 of 2000), the Central Government hereby makes to Mewing njles, nimily:
1. Sfiort tlUo and commencement— (I) These rules may be calted the Information Technology (Procedure and Safeguards for Interception, iMonitorirvg and ON f̂yption of Informalsoo) Rules, 2009.
(2) They shall come into fores on the date of t t^r puUicaMcm in (tie CMclai Ga««fte.
2, DefinJiiBfis.— In these rules, unlets the context otherwise require^..
(a) *AcT means, the information Techno togy Act, 2000 (21 - of 2000);
(b) *eommu¥ilcal6on' means dissemination, transmission, carriage of information or signal in some manner and include tooth a direct communication and an indirect communication*;
(c) •communication link* means the use of satellite, microwave, radio, terrestrial fine, wire, wireless Or any other communication media to inter-oonnect computer resource;
(d) "competent authority* means- <$ the Secretary in t ie Ministry of Horn* Affairs, in ease of ft© Central Government; or (ty the Secretary li charge of the Home Department, In ease of a State Gowmwnant or Union territory. as the case-may be;
(#} •computer resource* means computer resource as defined fn dause (k) of sub-section <1) of section 2 of the Act;
0) •decrypta" means the process of .coiwt«ion of Jnlomtaiton In ncm-infellfgfbii towi to an intelBflitote form via a matbematical formula,, code, password or algorithm or a corrlbfcigllon thereof; ' "' <g) 'o^eaTPtlen assf$tanee"'rneara. any assistance to il} aitow acc#$s, .to the extentposslWt, to «Hrt»yptBci miion'natiart;
$} fedltale cortvers»n of encfyp&ed informal cm jnte an Inteli^bta•femi; ...
fji)< ^eeryptfon dlreeiicrf means a direction issued under tula 3 in which a rAKUfypfon key holder it dfceetedto-
(j)diselose a decryption key; or
(if) piwHoledecrVplforiassittiiicelri respect olencrvi^Mlnlewmatfofi fi} "ctecrypticn key" means any key, mathematics! formula, code, password, algorithm or any other {fats which Is. used to -
(i) allow access, to encrypted information: or (I) fecSitata the conversion of encrypted information fcito an intefligjWe faffi;
fj) "decryption Key holder" means any person who depiep t ie decryption mechanism ami who is in possession of a decryption key tor purposes of suosequert decryption of encrypted Mormafion felatrti to direct or Indirect communication*;
OkJ TnforTmalorf means Wormaton as defined in dawse (v) of sub^tftetai (1) of section 2 of the Act;
(tji "Ihtorcepf with its grammatical variation* and cognate expressions, means in* aural or otter aetfufcsibCHn of the contents of any mfwrraatiten through the use of any means, including an intereepflort 'device, so as to make some or at of the -contents, of a information avaiaWe to a person other than the sender or recipient or Intended recipient of that oommuniciiliDn, and includes— . . . '
(a) monitoring of any such Wormaliion by nMa.ns.of a monitoring device,
(b) vfewng, eramlnaliori or insp*cfion of fte contents of arty direct or In**** information:
and
(c) diversion of any direct or Jndftwt information torn Ms inlendad destination to any -other destination;
(m) Interception device" means any electronic, mechanical, eteefre-mecfiwk^ ttoetro-mapffie.
optical or other instrument, device, equipment or apparatus which is used or can be used.
whether by itself or in- comttnaiiofi with any otter inatjnjrnent, device, equipment or apparatus, to intercept any information; and any reference io an •intepcepton device" ITM*J*BS4 where applicable, a reference to a 'mmitonng.dsvice*:
(n) 'InftrmeoiBry* mean* an intermediary- m dffltaed fn-Gtewse (wj of subsection ft) of section 2 of the Act;
(o) "monitor* wwtfi its grammatical variations and cognate expression®, includes to view or to inspect or listen to or record Infermatfen by means of §• monitoring device;
http://nMa.ns.of <»} 'nwifiBorlns device* means any electronic, mechanical, elttam-tm^mmcsi, etocln>magi«^ optical or other fatttoftftrit, device, equipment or apparatus which is used or can be used, whether by Itself In rasm&fcrtatiori with any after (wiwrnwit, deviea, equipment or apparatus, to view or to intpictar io listen to or record any Informaian;
rtJ "Review Committee" meamws the Review CcnwHtw eowtfUrtsd wider wte 41 iA of Indian Telegraph Rules, 1951.
3. Directions for interception or monitoring, or decryption of any information — No person ShaR carry out the interception or monitoring or dteoryptfon of" any Information generated, transmitted, received a* stoned! in any computer resource under sub-section (2) or section 69 of the Act, except by an order issued by ihe competent authority."
Provided that in an unavoidable c*oumsiancssr such order may be issued fay an officer, not below ihe rank of Ihe Joint Secretary to the Government of India, who haa been duly authorised by (he competent authority:
Provided furiier that m a case of emergen<ey~
(i)) fci remote areas, where obtaining of prior directions for interception or menHoring or decryption of information is. not feaafcle; or {iij for operational reasons. where obtaining of prior dinecttons lor interception or moriteriflg or decrycfefi of any (nfoffrtsBori generated, transmitted, received or stored In any computer resource snot feasible, the interception or rewrtftoring or decryption of any inJotinstw generated, transmitted received or stored In any computer resource may be carried out wift She prior approval of the Head or the second senior most officer of fte seewtb; and taw eotereaiim*nt agency (hereinafter referred to a* the said security agency) as Ihe Central ievet and the officer authorised in this behalf, not below the rank of the inspector General of Pofioe or an officer of equivalent ranfc, at the State or Union territory level:
Provided also that the officer, iwh© approved &uch interception or monitoring or decryption of Wormartjen l« case of emwTg*ney, shall inform in writing to the competent authority 4ibout the emergency and of such interception or monitoring or dfcotyptkm within three working days and obtain the approval ol me competent authority thereon within a period of seven working days, and it the approval of oampetarst airthority is not obtained within the Mid period of seven working days, such interception or roenileelnij or decrypton shall cease and th* information shai not be intercepted or monMored or decrypted thereafter wrthet* the prior approval of the competent authority.
A, Auflreritaflon of agency of Government.™ The coiapeterK authority may authorise art agency of the Government to intercept, monitor or decrypt information generated, iransmrtted, rtsceiwed or stored fn arty compul»rre*owfc#for the purpose specified in wkHsecfcn <1} of sacSon 6S of the Act.