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

Nimbus Data Centres Pvt Ltd in Pune receives a written direction from the Indian Computer Emergency Response Team to furnish information about a malware incident, and it ignores the direction. What is the consequence under the IT Act, 2000?

A data centre that fails to provide information or comply with a CERT-In direction is punishable with imprisonment up to one year, or fine up to one crore rupees, or both. The older one lakh fine limit was replaced in 2023, and the conduct is not cyber terrorism.

  1. ANo consequence, as only government bodies are bound by such directions
  2. BImprisonment up to three years and a mandatory fine of one lakh rupees
  3. CImprisonment up to one year, or fine up to one crore rupees, or bothCorrect
  4. DImprisonment for life as the conduct amounts to cyber terrorism

Explanation

Section 70B(6) lets the agency call for information and give directions to data centres, body corporate and others. Under 70B(7), failure to comply is punishable with imprisonment up to one year or fine up to one crore rupees or both. The one lakh limit and three-year term are outdated or incorrect.

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