9/18/2019
India | Global Network Initiative
The laws generally governing communications over the Internet are as follows:
Information Technology Act (“IT Act”)
This is the parent legislation governing information technology in India. It
empowers the government to undertake various forms of electronic
surveillance and censorship in accordance with procedures prescribed in the
following rules:
IT (Procedures and Safeguards for Interception, Monitoring and
Decryption of Information) Rules, 2009 (“Interception Rules”)
These Rules specify the procedure the government must follow to intercept,
monitor and decrypt electronic information stored, generated, transmitted or
received in any computer resource.
IT (Procedures and Safeguards for Monitoring and Collecting Traf c
Data Collecting or Information) Rules, 2009 (“Traf c Data Rules”)
These Rules specify the procedure the government must follow to monitor and
collect traffic data or information for the purposes of cybersecurity.
IT (Procedure and Safeguards for Blocking for Access of Information by
Public) Rules, 2009 (“Blocking Rules”)
These Rules specify the procedure the government must follow to order the
blocking of IP addresses.
IT Rules, 2011 (“Intermediaries Guidelines”)
These Rules specify the obligations of intermediaries to take down content
under specified circumstances.
Code of Criminal Procedure, 1973
This is the principal law governing criminal procedure in India, and which
authorises courts and law enforcement agencies to demand the production of
documents or other information in the course of an investigation
LEGISLATION
Under Section 5(2) of the ITA Act read with Rule 419-A (I) of the Indian
Telegraph Rules, 1951 (ITR), either the Secretary to the Ministry of Home
Affairs (in the case of the central government) or the Secretary to the Home
Department (in case of the state government or union territory) or a person
above the rank of Joint Secretary (in unavoidable circumstances) authorised by
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