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IT Act

Information Technology Act 2000

Abstract

Section 69 grants the government power to direct any agency to intercept, monitor, or decrypt any information transmitted through any computer resource when necessary for national security, public order, or investigation of offenses. Intermediaries must assist with interception and content blocking.

Summary

India’s Information Technology Act 2000 (amended 2008) provides the legal framework for government access to digital information. Section 69 empowers the central or state government to direct interception, monitoring, or decryption of any information in a computer resource for sovereignty, security, friendly relations with foreign states, public order, or investigating offenses. Section 69A enables blocking access to information. Section 79 establishes intermediary liability and safe harbors. The IT Rules 2021 imposed significant requirements on social media intermediaries including content takedown, user traceability (requiring messaging services to identify message originators), and compliance officer appointments. Combined with the new DPDP Act, India has both data protection and broad government access powers. The lack of independent judicial oversight for interception orders raises civil liberties concerns.

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