Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Data Analytics and Law

Section 69B of the IT Act: Monitoring and Collection of Traffic Data

Updated 11 October 2026 · Fact-checked

Section 69B of the IT Act, 2000 lets the Central Government, by Gazette notification, authorise a Government agency to monitor and collect traffic data or information in any computer resource, to enhance cyber security. Intermediaries must give technical assistance. Procedure and safeguards are prescribed. Intentional or knowing default by an intermediary is punishable.

Understand Section 69B: Monitoring and Collection of Traffic Data

Every online communication leaves a trail apart from its content: who sent it, from where, to where, when, by what route. Section 69B deals with this trail, called traffic data, and not with reading the message itself.

The purpose is narrow and stated in the section: to enhance cyber security and to identify, analyse and prevent intrusion or the spread of a computer contaminant in the country. Think of malware spreading across networks. To spot it, an agency needs to see traffic patterns.

The power sits with the Central Government. It must issue a notification in the Official Gazette authorising an agency of the Government. The agency may then monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource.

The intermediary, or any person in charge of the computer resource, must provide technical assistance and extend all facilities when called upon, so that the agency gets online access to the resource. The procedure and safeguards are left to be prescribed. Under sub-section (4), an intermediary who intentionally or knowingly contravenes the duty to assist faces imprisonment up to one year, or fine up to one crore rupees, or both.

Contrast this with section 69: that section covers interception, monitoring and decryption of information (content) on grounds such as sovereignty, security of the State, public order or investigation of an offence, by written order with recorded reasons. Section 69B is about cyber security and traffic data, and works through a notification authorising an agency.

Key rules to remember

Who acts and how: Central Government → notification in Official Gazette → authorises any agency of the Government; Section 69B(1). State Governments are not named in this section, unlike section 69.
Purpose: Enhance cyber security + identify, analyse and prevent intrusion or spread of computer contaminant; The only stated purpose. Do not add grounds like public order or sovereignty, which belong to section 69.
Scope of monitoring: Traffic data or information generated, transmitted, received or stored in any computer resource; Section 69B(1).
Duty of intermediary: Provide technical assistance and extend all facilities to enable online access to the computer resource; Section 69B(2). Applies to the intermediary or any person in charge of the computer resource.
Procedure: Procedure and safeguards as may be prescribed; Section 69B(3). Cite that the Act leaves details to rules.
Penalty: Intermediary intentionally or knowingly contravening (2): imprisonment up to one year, or fine up to ₹1 crore, or both; Section 69B(4), as substituted by Act 18 of 2023 w.e.f. 30-11-2023. The earlier text was imprisonment up to three years and fine.
Traffic data: Data identifying or purporting to identify any person, computer system, network or location to or from which communication is or may be transmitted; Includes origin, destination, route, time, data, size, duration, type of underlying service and any other information.

How to solve Section 69B: Monitoring and Collection of Traffic Data questions

Use this order for any problem or theory question on section 69B. It keeps provision, analysis and conclusion separate.

1Identify the facts: who wants data, what kind (traffic data or message content), and for what purpose.
2State section 69B(1): Central Government, Gazette notification, authorised Government agency, cyber security purpose.
3Check whether the data fits the definition of traffic data (origin, destination, route, time, size, duration, type of service).
4Check whether a valid notification authorising the agency exists. No notification, no authority under this section.
5Apply sub-section (2): did the intermediary or person in charge give technical assistance and facilities?
6Note that the procedure and safeguards are as prescribed under sub-section (3).
7Apply sub-section (4) if the default was intentional or knowing: imprisonment up to one year, or fine up to ₹1 crore, or both.
8Conclude clearly, and if content interception or decryption is involved, point to section 69 instead.

Quickest way: Four-question test for 69B

When to use it: Short-answer or case questions where you have limited time and must pick between sections 69 and 69B.

Is the purpose cyber security (intrusion, computer contaminant)? If yes, think 69B.
Is it traffic data rather than content? If yes, 69B.
Is there a Gazette notification authorising an agency? Confirm it.
Did an intermediary refuse help knowingly or intentionally? Cite 69B(4): up to one year, or fine up to ₹1 crore, or both.

Common mistakes in Section 69B: Monitoring and Collection of Traffic Data

Writing that 69B allows interception and decryption of messages.
Students blend sections 69 and 69B because both deal with monitoring.
Fix: Remember 69B covers traffic data for cyber security. Interception, monitoring and decryption of information is section 69.
Quoting seven years' imprisonment for 69B default.
Seven years appears in sections 69 and 69A.
Fix: Section 69B(4): up to one year, or fine up to ₹1 crore, or both. It needs intentional or knowing contravention.
Stating the old penalty of three years and fine.
Older notes still carry the pre-2023 text.
Fix: Use the current text, substituted by Act 18 of 2023 w.e.f. 30-11-2023.
Saying any State Government officer can authorise monitoring under 69B.
Section 69 mentions State Governments, so students assume 69B does too.
Fix: Under 69B only the Central Government authorises, by Gazette notification, an agency of the Government.
Listing public order and sovereignty as grounds.
Those grounds are memorised from sections 69 and 69A.
Fix: The ground in 69B is enhancing cyber security and preventing intrusion or spread of computer contaminant.
Defining traffic data as the content of the communication.
The word data suggests content.
Fix: Traffic data identifies persons, systems, networks or locations and covers origin, destination, route, time, size, duration and type of service.

Worked examples

Example 1

A Central Government agency, authorised by Gazette notification, asks Nimbus Hosting Pvt. Ltd., an intermediary in Pune, for online access to its servers to trace a malware outbreak. The company's compliance head knowingly refuses all facilities. Advise on the legal position.

Show the solution

Provision: section 69B(1) allows the Central Government, by Gazette notification, to authorise a Government agency to monitor and collect traffic data for cyber security and to prevent intrusion or spread of computer contaminant.
Analysis: the purpose is tracing a malware outbreak, which is a computer contaminant. The agency is authorised by notification, so the condition is met.
Section 69B(2) requires the intermediary to provide technical assistance and extend all facilities for online access when called upon.
The refusal was knowing, so section 69B(4) applies.
Conclusion: Nimbus Hosting has breached 69B(2) and is liable to imprisonment up to one year, or fine up to ₹1 crore, or both. As a compliance step, it should cooperate and follow the prescribed procedure and safeguards.

Answer: The agency's demand is valid under section 69B. Nimbus's knowing refusal attracts imprisonment up to one year, or fine up to ₹1 crore, or both under section 69B(4).

Example 2

Distinguish between section 69 and section 69B of the IT Act, 2000.

Show the solution

Subject: section 69 covers interception, monitoring and decryption of information in any computer resource. Section 69B covers monitoring and collection of traffic data.
Authority: under 69, the Central or a State Government, or officers specially authorised, issue orders directing an agency. Under 69B, the Central Government authorises an agency by Gazette notification.
Grounds: 69 requires necessity or expediency in the interest of sovereignty, integrity, defence, security of the State, friendly relations, public order, preventing incitement to a cognizable offence or investigating an offence, with reasons recorded in writing. 69B is for enhancing cyber security.
Duty: both require facilities and technical assistance from intermediaries or persons in charge.
Penalty: 69(4) provides imprisonment up to seven years and fine. 69B(4) provides imprisonment up to one year, or fine up to ₹1 crore, or both, for an intermediary who intentionally or knowingly contravenes.

Answer: Section 69 deals with content-level interception and decryption on security and investigation grounds with a seven-year penalty. Section 69B deals with traffic data for cyber security, via notified agencies, with a lighter penalty.

Exam tips

Prepare a short table-style answer for 69 vs 69B (subject, authority, ground, penalty); it is a frequent comparison.
Quote the definition of traffic data fully, including origin, destination, route, time, size, duration and type of service.
In case questions, check first for the Gazette notification and the intentional or knowing element before applying the penalty.
Use the current penalty wording and mention the 2023 substitution if space permits.
Mention that procedure and safeguards are prescribed, to show complete provision-based answering.

Practice questions from Data Analytics and Law

Section 69B: Monitoring and Collection of Traffic Data in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CMA FinalMonitoring of Traffic Data and Cyber Security (Section 69B)

Section 69B: Monitoring and Collection of Traffic Data: frequently asked questions

What is section 69B of the IT Act, 2000?

It empowers the Central Government to authorise a Government agency, by Gazette notification, to monitor and collect traffic data or information in any computer resource to enhance cyber security. Intermediaries must assist, and the procedure and safeguards are prescribed.

What is traffic data under the IT Act?

Traffic data is any data identifying or purporting to identify any person, computer system, network or location to or from which a communication is or may be transmitted. It includes origin, destination, route, time, data, size, duration, type of underlying service and any other information.

What is the difference between section 69 and 69B?

Section 69 permits directions for interception, monitoring or decryption of information on grounds like security of the State and investigation of offences. Section 69B permits monitoring and collection of traffic data for cyber security by an authorised agency. The penalties also differ.

What is the penalty under section 69B?

An intermediary who intentionally or knowingly contravenes the duty to give technical assistance and facilities faces imprisonment up to one year, or fine up to ₹1 crore, or both. This wording was substituted w.e.f. 30-11-2023.