Cyber Law at India
India's cyber law landscape is evolving to address the challenges of the digital age. Here's an overview of the key legislative developments:
🛡️ Information Technology Act, 2000 (IT Act)
Enacted in 2000, the IT Act provides the legal framework for electronic governance and addresses cybercrimes Key provisions include:
Section 66A: Originally penalized sending "offensive messages" via communication services, etc However, the Supreme Court declared it unconstitutional in 2015 for being overly broad and infringing on free speech
Section 69A: Empowers the government to block access to information through any computer resource in the interest of sovereignty and integrity of India, defines, security of the state, friendly relations with foreign states, or public order
Section 79: Grants intermediaries (like social media platforms) a "safe harbour" from liability for user-generated content, provided they comply with due diligence requirements
Cybercrimes: The Act defines and penalizes offenses such as hacking, identity theft, cyber terrorism, and publishing or transmitting obscene material
🔐 Digital Personal Data Protection Act, 2023
This Act, passed in August 2023, establishes comprehensive data protection norm:
Rights of Individuals Grants individuals the right to access, correct, and erase their personal dat.
Obligations of Data Fiduciaries Entities processing personal data must implement security measures and report breaches.
Penalties Imposes fines up to ₹250 crore for non-compliance.
Data Protection Board of India An adjudicatory body to resolve disputes between individuals and data fiduciary.
🧠 *National Cyber Security Policy, 2013
This policy aims to protect public and private infrastructure from cyberattacks and safeguard information, such as personal information, financial and banking information, and sovereign data.
🕵️ *Indian Cyber Crime Coordination Centre (I4C)
Established in 2018, I4C is a government initiative to address cybercrime in Ini. It comprises seven components, including the National Cyber Crime Reporting Portal, National Cyber Crime Threat Analytics Unit, and National Cyber Crime Forensic Laboratory Ecosystem. I4C also facilitates international collaboration, such as the memorandum of understanding signed with the United States in January 2025 for cooperation in cybercrime investigations.
⚖️ Recent Developments
*VPN Regulations: In response to new data-collection regulations by the Indian Computer Emergency Response Team (CERT), global VPN providers have withdrawn their physical servers from India to protect user privacy. These rules require VPN operators to maintain customer information for at least five years, even post-cancellation of services.
*Financial Cyber Fraud: The Reserve Bank of India plans to revise guidelines enabling banks to temporarily freeze accounts suspected of cybercrime activity. This measure aims to address the surge in online fraud, which has resulted in significant financial loses.
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