CS Professional · Environmental, Social and Governance (ESG) - Principles and Practice · Data Governance
The Central Government notifies an agency to monitor and collect traffic data to enhance cyber security. The agency calls upon Dhwani Networks Pvt Ltd, an intermediary, for technical assistance and online access to a computer resource carrying such data. Dhwani's compliance officer deliberately refuses to extend facilities. Which statement is correct under section 69B of the IT Act, 2000?
The intermediary may face imprisonment up to one year, or a fine up to one crore rupees, or both. Section 69B(4) of the IT Act, 2000 punishes intentional or knowing breach of the duty to assist an authorised agency; the earlier three-years-and-fine wording has been replaced.
- AThe intermediary may be punished with imprisonment up to one year or fine up to one crore rupees, or both, if it intentionally or knowingly contravenes the dutyCorrect
- BThe intermediary may be punished with imprisonment up to three years and also fine
- CThe refusal is not an offence because traffic data is not personal data
- DThe intermediary can be penalised only if it first receives an order from the Controller under section 29
Explanation
Section 69B(2) requires the intermediary to provide technical assistance and facilities when called upon by the authorised agency. Under 69B(4), intentional or knowing contravention attracts imprisonment up to one year or fine up to one crore rupees, or both, as substituted by Act 18 of 2023. The three-year-and-fine punishment is the older, replaced version, and section 29 concerns the Controller's access, not this duty.
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