Recently, the Ministry of Home Affairs issued an order in which security and intelligence agencies stored in the suspicious computer using the powers of sub-section (1) of Section 69 of the Information Technology Act-2000 with the Rule 4 of the Information Technology Rules, 2009. Information and data and calls are monitored for monitoring.
What is the dispute?
What data we keep in our computer … what are our online activities … who are our contacts …? These and other such questions are being raised after the order of the government in the eyes of the common people, in which the security and intelligence agencies of the country were empowered to monitor, synchronize and investigate the data present in any computer. Are there.
These questions are related to one more question … Will the government be really looking at our computers?
What is the government say?
The government says that this is not a new rule. Under Section 69 of the Information Technology Act-2000, if any person misuses the expression of freedom and it is a challenge for the security of the nation, then the rights agencies can take action. Only their computers are monitored, which are challenges for national security, integrity and involve in terrorist activities. Computer or data of ordinary people are not monitored
Why Need Data Monitoring?
No general monitoring instruction has been issued in the recent notification and this decision has been taken in view of national security. Adequate security arrangements have been made keeping in view national security. Authorized Central agencies have been allowed to interfere, monitor and break their password in the information produced, transmitted, received or stored in any computer under the Information Technology Act. This order is in the interest of national security and public order and it is already in law. In this it is said only that there are authorized agencies for this and it is only under Section 69 of the IT Act. This section of IT Act permits intervention, monitoring or breaking of password for any information generated, transmitted and stored in any computer in national security and public interest.
These agencies have been given the right to monitor
In the latest notification, 10 security and intelligence agencies have been given powers to monitor computer and IT related equipment:
- Intelligence Bureau (IB)
- Narcotics control bureau (NCB)
- Enforcement Directorate (ED)
- Central Board of Direct Taxes (CBDT)
- Directorate of Revenue Intelligence (DRI)
- Central Bureau of Investigation (CBI)
- National Investigation Agency (NIA)
- Cabinet Secretariat (RAW-RAW)
- Directorate of Signal Intelligence (only for Jammu and Kashmir, North Eastern and Assam service areas)
- Commissioner of Police, Delhi
What does the recent release notification?
Rule 2009 ie Rule 4 of the Information Technology (Process and Safety for monitoring and monitoring of information) Rules, 2009, provides that … the competent authority does not allow any government agency to To create, monitor, monitor or investigate the information generated, transmitted, received or preserved in computer resources for the purposes mentioned in subsection (1) of section 69 of the Act. Can AD.
- In accordance with the rules framed in 2009 and since then, the statutory order has been released on December 20, according to the effective rules.
- No new authority has been given to the agency implementing any security or law through this order.
- Notification has been issued to notify ISPs, TSPs, intermediaries etc. to encode existing orders.
- For each case connected, investigated, monitored and investigated, it has to be approved by the competent authority i.e. the Central Home Secretary.
- According to IT Rules 2009, the State Governments also possess these powers to the competent authority.
- According to Rule 22 of IT Rules 2009, all such cases of scrutinizing or monitoring or checking shall be kept in the review committee headed by Cabinet Secretary, whose meeting will be held at least once in two months for review. .
- In case of State Governments, such case will be reviewed by a committee headed by the Chief Secretary.
What will be the advantage?
- To ensure that any information has been explored, monitored or checked through a computer resource, it has been done with due legal procedure.
- Issuing notification regarding the authorized agencies to use these powers and prevent any unauthorized use of these powers by any agency, person or intermediary in any form.
- The notification will ensure that the computer resource has been reconstituted or monitored and the provisions of the law have been followed during this period.
Srikrishna Committee Report on Data Protection
In view of the importance of data protection, the Ministry of Electronics and Information Technology, Government of India, to protect the personal data of the citizens of the country, on July 31, 2017, the former Supreme Court judge BN N. A committee of experts was constituted under the chairmanship of Shri Krishna. This committee has submitted its report to the government. The recommendations of the committee support citizens’ right to privacy and expect such reforms in laws or policies that they are more Citizen friendly.
Source: The Hindu Indian Express, PIB