Rules under various Sections of IT (Amendment) Act, 2008 Notified
Rules for
1. Regulating Service Conditions of Chairperson & Members of Cyber Appellate Tribunal;
2. Investigation of Misbehaviour or Incapacity of Chairperson and Members of Cyber Appellate Tribunal;
3. Directions for Interception, Monitoring and Decryption of Information;
4. Blocking for Public Access of Information in Computer Resource
And the The Indian Computer Emergency Response Team known as CERT- In have been notified. We have covered CERT-In in yesterday's Mixed Buzz.
For investigation of misbehaviour or incapacity of Chairperson and Members of Cyber Appellate Tribunal , a three member committee headed by the Cabinet Secretary with Secretary, Department of Information Technology and Secretary, Department of Legal Affairs, Ministry of Law and Justice as members is proposed to be appointed.
The Committee shall devise its own procedure and method of investigation, which may include recording of evidence of the complainant and collection of material relevant to the inquiry and submit its report to the President of India. If there are reasonable grounds for further investigation, the President in turn will refer the matter to the Chief Justice of the Supreme Court of India requesting him to nominate a Judge to conduct inquiry.
The appointment of Judge for conduct of inquiry and the procedure to be followed are also notified in the Draft Rules. Keeping in view of the gravity of charges the President may also suspend the Chairperson or Member against whom a complaint is under investigation or inquiry.
The Government should also seriously consider replicating a similar procedure for other Appellate Tribunals like CESTAT, ITAT etc.
Rules for Directions for Interception, Monitoring and Decryption of Information: The competent authority for issuing such directions is Union Home Secretary in case of Government of India; the Secretary in-charge of Home Department in a State Government or Union Territory as the case may be. In unavoidable circumstances, such order may be made by an officer, not below the rank of a Joint Secretary to the Government of India, who has been duly authorised by the Union Home Secretary or by an officer equivalent to rank of Joint Secretary to Government of India duly authorised by the Secretary in-charge of Home Department in the State Government or Union Territory, as the case may be. In certain instances, certain other authorities are also authorized for this purpose.
Rules for Blocking for Public Access of Information in Computer Resource: The Secretary, Department of Information Technology, Ministry of Communications & Information Technology, Government of India shall designate and notify in official Gazette, an officer of the Central Government, not below the rank of a Joint Secretary, for issuing directions for blocking for access by the public any information generated, transmitted, received, stored or hosted in any computer resource.
Rules for Monitoring and Collecting Traffic Data or Information: Directions for monitoring and collecting traffic data or information generated, transmitted, received or stored in any computer resource shall not be issued except by an order made by the competent authority i.e. Secretary to the Government of India in the Department of Information Technology, Ministry of Communications & Information Technology.
The competent authority may issue directions for monitoring and collection of traffic data or information generated, transmitted, received or stored in any computer resource.