9/18/2019 India | Global Network Initiative Clause 7.2 and 7.3 of Part-II, Chapter IX of the UL, Clause 34.8 of the ISP License, requires each ISP to maintain a log of all connected users and the service that they are using. The ISP is also required to maintain every outward login. The logs and the copies of all the packets originating from the Customer Premises Equipment (“CPE”) of the ISP must be available in real time to the government. CENTRAL MONITORING SYSTEM The Central Monitoring System (“CMS”) is an interception and monitoring project of the Government of India which was approved in 2011. There is no legislation authorising the setting up of the CMS. Minimal information is available through newspaper reports and Parliamentary Questions. The Minister of Communications and Information Technology of the Government of India confirmed in 2016 that the CMS was already operational in Delhi and Mumbai, and is being set up in phases. CMS is intended to automate the process of the interception and monitoring in order to ensure that the Law Enforcement Agencies and the telecommunications and internet companies are not involved in the process of interception. Under the UASL with respect to the CMS, the licensee is required to provide the connectivity through dark fibre up to the nearest multi-protocol label switching network at its own cost. The UL also has provisions for the licensees to assist the government in centralised monitoring. Disclosure of Communications Data LEGISLATION The Code of Criminal Procedure (“CrPC”) empowers a court or police officer in charge of a police station to seek the production of any ‘any document or other thing’ if the officer believes that said document is necessary for the purposes of any investigation. Section 69 of the IT Act permits authorised government officials to intercept or monitor information transmitted, generated, received or stored in any computer. Accordingly, the service provider is required to extend all technical facilities, equipment and technical assistance to the authorised government https://clfr.globalnetworkinitiative.org/country/india/ 5/9