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CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Data Governance

Arjun, a company secretary at Bharat Logistics Ltd, wants to know through which instrument the Central Government actually lays down the encryption modes or methods contemplated by Section 84A. Which answer is correct under the Information Technology Act, 2000?

The Central Government prescribes encryption modes or methods through rules made by notification under Section 87. Clause (zh) of Section 87(2) specifically lists the modes or methods for encryption under Section 84A as a matter on which rules may be made, so adjudicating officers or intermediaries do not prescribe them.

  1. ARules made by notification under Section 87, which lists the modes or methods for encryption under Section 84A as a rule-making matterCorrect
  2. BOrders passed by the adjudicating officer after inquiry
  3. CDirections given by an intermediary to its users
  4. DResolutions passed by both Houses of Parliament each year

Explanation

Section 87(2)(zh) lists the modes or methods for encryption under Section 84A among the matters on which the Central Government may make rules, by notification in the Official Gazette and the Electronic Gazette. Parliament only lays the rules, not passes them annually.

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