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CMA Final · Corporate and Economic Laws · Laws and Regulations related to Cyber Security and Data Privacy

A data centre operator ignores a written direction from the Indian Computer Emergency Response Team to furnish information about a cyber incident. Which statement is correct under section 70B of the IT Act, 2000?

Failure to comply is punishable with imprisonment up to one year, or fine up to one crore rupees, or both. Data centres are expressly covered, and courts take cognizance only on a complaint made by an officer authorised by the agency, not by any person.

  1. AIt is punishable with imprisonment up to one year or fine up to one crore rupees or both, and a court takes cognizance only on a complaint by an officer authorised by the agencyCorrect
  2. BIt is punishable only with fine up to one lakh rupees, and any person may file the complaint
  3. CIt is not an offence because data centres are not covered by the section
  4. DIt is punishable with imprisonment for life, and the police may register the case on their own

Explanation

Section 70B(6) lets the agency call for information from service providers, intermediaries, data centres, body corporate and others. Under (7), failure is punishable with up to one year, or fine up to one crore, or both. Under (8), cognizance is only on a complaint by an authorised officer.

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