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Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Regulatory Framework on AI, Cyber Security and Cyberspace

Section 69B: Monitoring and Collecting Traffic Data for Cyber Security

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. Wilful default can mean up to one year's imprisonment, a fine up to ₹1 crore, or both.

Understand Section 69B: Monitoring and Collecting Traffic Data for Cyber Security

Every online communication leaves a trail apart from its content. Who sent it, where it went, when, how big it was, and what service carried it. This trail is traffic data. Section 69B deals with this trail, not with reading the message itself.

The purpose is narrow: cyber security. The Central Government may act to enhance cyber security and for identification, analysis and prevention of intrusion or spread of computer contaminant in the country. Computer contaminant has the meaning given in section 43. Think malware, viruses and similar code.

The power works through authorisation. The Central Government notifies in the Official Gazette an agency of the Government. That agency may then monitor and collect traffic data or information generated, transmitted, received or stored in any computer resource. An intermediary or any person in charge of the computer resource must, when called upon, give technical assistance and extend all facilities so that the agency gets online access to the resource.

The Act does not fix the working procedure. Sub-section (3) says the procedure and safeguards shall be as prescribed, and section 87(2)(za) lets the Central Government frame rules for this. The rules are what you cite for safeguards, so remember that the Act itself only points to them.

The Act defines traffic data as any data identifying or purporting to identify any person, computer system or computer network or location to or from which the communication is or may be transmitted. It includes communication's origin, destination, route, time, data, size, duration or type of underlying service, and any other information.

Compare with section 69. Section 69 is about interception, monitoring or decryption of the information itself, for grounds like sovereignty, defence, security of the State, public order or investigation of an offence. Section 69B is about traffic data, for cyber security.

Key rules to remember

Power under s. 69B(1)
Central Government + Gazette notification → authorised Government agency → monitor and collect traffic data or information
Purpose: enhance cyber security; identify, analyse and prevent intrusion or spread of computer contaminant.
Duty under s. 69B(2)
Intermediary or person in charge of computer resource, when called upon → technical assistance + all facilities → online access
Applies to the resource generating, transmitting, receiving or storing the traffic data or information.
Procedure under s. 69B(3)
Procedure and safeguards = as prescribed
Rule-making power is in section 87(2)(za).
Penalty under s. 69B(4)
Intermediary intentionally or knowingly contravenes (2) → imprisonment up to one year, or fine up to ₹1 crore, or both
Substituted by Act 18 of 2023 w.e.f. 30-11-2023. Earlier text: imprisonment up to three years and also fine. Applies to intermediary only.
Traffic data (Explanation)
Data identifying or purporting to identify any person, computer system, network or location to or from which communication is or may be transmitted, incl. origin, destination, route, time, data, size, duration, type of service and other information
Computer contaminant takes its meaning from section 43.
Section 69 vs 69B
s. 69: interception, monitoring, decryption of information, by order with reasons in writing | s. 69B: monitoring and collecting traffic data, by notification of agency, for cyber security
Section 69 non-assistance: up to seven years and fine. Section 69B: up to one year or fine up to ₹1 crore or both.

How to solve Section 69B: Monitoring and Collecting Traffic Data for Cyber Security questions

Use this method for any question on section 69B, whether it is a theory note, a comparison or a case-based problem.

  1. 1Identify what is being collected. Is it traffic data (origin, destination, route, time, size, duration, type of service) or the content of messages? Content points to section 69, not 69B.
  2. 2Check the purpose. Section 69B needs cyber security: intrusion or spread of computer contaminant. Investigation of crime or public order points elsewhere.
  3. 3Check the authority. The Central Government must have notified the agency in the Official Gazette. A State Government has no power under this section.
  4. 4Check the intermediary's role. Was it called upon by the authorised agency? It must give technical assistance and facilities for online access.
  5. 5Check the default. Penalty applies only if an intermediary intentionally or knowingly contravenes sub-section (2). Mere delay without intent needs careful analysis.
  6. 6Apply the penalty: imprisonment up to one year, or fine up to ₹1 crore, or both. Mention the 2023 amendment if useful.
  7. 7Add safeguards: procedure and safeguards are as prescribed, with rules made under section 87(2)(za) and laid before Parliament under section 87(3).
  8. 8Conclude clearly in one or two lines, stating whether the action is valid and what the intermediary must do.

Quickest way: Four-point check for section 69B

When to use it: When you have little time, for a short note or a quick case verdict.

  1. Who: Central Government through a notified agency.
  2. What: traffic data or information, not content decryption.
  3. Why: cyber security.
  4. Duty and penalty: intermediary assists; wilful default means up to one year, or fine up to ₹1 crore, or both.

Common mistakes in Section 69B: Monitoring and Collecting Traffic Data for Cyber Security

  • Saying section 69B allows interception and decryption of message content.

    Students merge sections 69 and 69B because both are about monitoring.

    Fix: Link 69 to interception, monitoring and decryption of information, and 69B to traffic data for cyber security.

  • Stating the old penalty of three years' imprisonment and fine.

    Older notes and books carry the pre-2023 text.

    Fix: Write: imprisonment up to one year, or fine up to ₹1 crore, or both, as substituted w.e.f. 30-11-2023.

  • Saying a State Government can authorise an agency under 69B.

    Section 69 mentions State Governments, so students assume the same here.

    Fix: Section 69B authorisation is by the Central Government only, by Gazette notification.

  • Applying the penalty to any person who fails to assist.

    Section 69(4) covers subscriber, intermediary or any person, which blurs the picture.

    Fix: Section 69B(4) penalises only an intermediary, and only for intentional or knowing contravention.

  • Writing that a reasoned written order is required, as in section 69.

    Students carry over the section 69 order requirement.

    Fix: Section 69B works through notification of the agency. Procedure and safeguards come from the prescribed rules.

  • Giving the purpose as national security or public order.

    Those grounds appear in sections 69 and 69A.

    Fix: Section 69B's purpose is to enhance cyber security and to identify, analyse and prevent intrusion or spread of computer contaminant.

Worked examples

Example 1

The Central Government notifies an agency under section 69B. The agency asks Nilgiri Net Services Pvt Ltd, an internet service provider, for online access to its servers to collect traffic data (origin, destination, route and time) about a malware campaign. Nilgiri knowingly refuses all facilities. Advise on its liability.

Show the solution
  1. Provision: section 69B(1) allows the Central Government to authorise any Government agency by Gazette notification to monitor and collect traffic data to enhance cyber security and prevent spread of computer contaminant.
  2. Facts: the agency is notified, the data sought is traffic data, and the purpose is a malware campaign, which falls within cyber security.
  3. Duty: under section 69B(2) Nilgiri, as an intermediary, must provide technical assistance and extend all facilities for online access when called upon.
  4. Default: the refusal is knowing, so section 69B(4) is attracted.
  5. Penalty: imprisonment up to one year, or fine up to ₹1 crore, or both.

Answer: Nilgiri has breached section 69B(2). Because the refusal is knowing, it is liable under section 69B(4) to imprisonment up to one year, or fine up to ₹1 crore, or both. It should comply and seek clarity on the prescribed procedure and safeguards.

Example 2

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

Show the solution
  1. Subject: section 69 covers interception, monitoring or decryption of any information in a computer resource. Section 69B covers monitoring and collecting traffic data or information.
  2. Authority: section 69 permits the Central or State Government or specially authorised officers to direct any agency, by order with reasons recorded in writing. Section 69B permits only the Central Government to authorise an agency by Gazette notification.
  3. Purpose: section 69 serves sovereignty, defence, security of the State, friendly relations, public order, preventing incitement to cognizable offences, or investigation of any offence. Section 69B serves cyber security.
  4. Assistance duty: under section 69 the subscriber, intermediary or any person in charge must assist. Under section 69B the intermediary or person in charge must give technical assistance.
  5. Penalty: section 69(4) provides imprisonment up to seven years and fine for failing to assist. Section 69B(4) provides imprisonment up to one year, or fine up to ₹1 crore, or both, for an intermediary's intentional or knowing contravention.
  6. Common ground: both leave procedure and safeguards to rules, under section 87(2)(y) and (za).

Answer: Section 69 concerns access to information content for security, order and investigation, with a higher penalty. Section 69B concerns traffic data for cyber security, is Central Government only, and has a lighter penalty applying to intermediaries.

Exam tips

  • Learn the section 69 vs 69B comparison on four heads: subject, authority, purpose, penalty. It is a frequent comparison question.
  • Quote the traffic data list from the Explanation: origin, destination, route, time, data, size, duration, type of underlying service.
  • Mention the 2023 amendment to the penalty. It shows up-to-date knowledge.
  • In case questions, follow provision, analysis, conclusion. State the intent requirement before applying the penalty.
  • Cite the rules and safeguards under section 87(2)(za) briefly. Do not quote rule numbers unless you are certain of them.

Practice questions from Regulatory Framework on AI, Cyber Security and Cyberspace

Section 69B: Monitoring and Collecting Traffic Data for Cyber Security in other exams

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

Section 69B: Monitoring and Collecting Traffic Data for Cyber Security: frequently asked questions

What does section 69B of the IT Act cover?

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

What is traffic data under section 69B?

It is 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 other information.

What is the penalty under section 69B?

An intermediary who intentionally or knowingly contravenes the duty to assist faces imprisonment up to one year, or a fine up to ₹1 crore, or both. This was substituted by Act 18 of 2023 with effect from 30 November 2023.

How is section 69B different from section 69?

Section 69 deals with interception, monitoring and decryption of information for grounds like security, public order and investigation. Section 69B deals only with traffic data for cyber security, is Central Government only, and carries a lighter penalty.