AUTHORED BY- Suruchi Sharma

The major headlines of the nation were on the leaks and snooping done on some individuals by the Israeli company NSO’s Pegasus spyware.

What becomes important now is for an individual to be aware of the IT LAWS in the country. The rise of electronic devices and social platforms has led to an increase in cybercrimes.

Let’s make it easy to understand what IT LAWS are

What is the primary law in India that deals with cyber crimes and electronic commerce?

• The primary law that deals with cyber crimes are Information Technology in India.
• The Intermediary Guidelines Rules 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) are subordinate legislation to IT ACT.
• The law is valid in the whole country.
• It provides a legal framework for electronic records and signatures.

What does the law say?
It defines what various cyber crimes and penalties related to them are.

How is the law established?
Cyber Appellate Tribunal establishes the law

Various amendments have been taken in the law where Section 66A has been introduced.
What does section 66 A contain?
Penalty for “offensive messages.”
Power to authority for “interception or monitoring or decryption of any information through any computer resource.”
Addressed the provisions for voyeurism, pornography, child porn etc.

Sections with the description of offense-

Section 65-Tampering with source documents on a computer
Section 66-Hacking a computer system
Section 66B- Taking possession of a stolen computer or communication equipment
Section 66C- Using password of another person
Section 66D- Cheating through electronic devices
Section 66E- Posting private images without consent
Section 66F- Acts of cyberterrorism
Section 67- Publishing obscene information
Section 65A- Posting sexual acts
Section 65B- Posting child pornography
Section 65C- Inability to keep accurate records
Section 68- Not complying with orders
Section 69- failure of decrypt data
Section 71- Misrepresentation
Section 72- Breaching privacy
Section 72A- Non-disclosure of information in a contract
Section 73- Publishing fake? False digital signature
Section 74- fraudulent publications

How is Section 69 Important?
Section 69 allows intercepting any information and asking for information decryption. To refuse decryption is an offense. The Indian Telegraph Act, 1885 gives power to the Government to tap phones but only in the case of a public emergency. Though it violates the right to privacy, it has been validated on national security grounds.

Notable case.
There was raucous when recently the Indian Government banned Chinese apps and e-commerce websites. They were prohibited under section 69A

Recent amendment.
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, are subordinate to Intermediary Guidelines Rules 2011.
As there has been an increase in the spread of fake news via social media platforms, regulating them has become essential to maintain peace in the country. So with the recent amendment covers the “identification of the first originator of the information”. They are limiting that the first originator is from India.
It has become clear that, at present, no law in India protects personal information.
Some sensitive data of an individual is being protected, but not all.
As mentioned above Section 69, provides, even more, weaker protection to the individual being spied on.
Since there is no law for protecting an individual’s data, the judiciary is being burdened to act according to articles 32 and 226.

Retrieved from- Ministry of Electronics & Information Technology, Government of India