Post 1: “Understanding the existing Legal framework of Cyberspace in India.”

🖧 Post
1/2024: “Understanding the existing Legal framework of Cyberspace in India.”

With the
emergence of technology and cyberspace (Cyberspace is a
complex environment consisting of interactions between people, software and
services, supported by worldwide distribution of information and communication
technology (ICT) devices and networks[1]), the computer has been used as a ‘target’ and a ‘weapon’, both. With
these advancements, each one of us encounters with terms such as ‘cybercrimes’,
‘online frauds’, ‘deepfakes’, ‘cybersecurity’ and many of such terms relating
to ‘cyber’ realm.

Before
understanding these basic terminologies, let us first understand what is the
legal framework in India for the cyberspace, so that the terminologies could be
studied later through this lens. A study of the legal framework will help in
overviewing the dimensions of cyber security and cyber crimes Indian laws have
governed over. 

A. Legislations dealing
in Cyberspace-

• The primary legislation is the
  Information Technology Act, 2000 with major amendments in 2008 and 2011. 

• The most recent legislation is
  the Personal Data Protection Act, 2023.

• The Information Technology
  (Reasonable Security Practices and Procedures and Sensitive Personal Data
  or Information) Rules, 2011.

• The Information
  Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,
  2021.

• Reserve
  Bank of India (Amendment) Act, 2018.

B. Plans and Policies-

• National
  Cyber Security Policy, 2013.

A unified and integrated vision securing a set of sustained
and coordinated strategies for implementation for dynamic nature of cyberspace
and the malicious activities occurring across it.

• National
  Cyber Security Strategy, 2020.

Envisioned as a five year plan, lays down options to deal
with the technology transformations.

• Bharat
  National Cyber Security Exercise, 2023.

A flagship event serving a platform for diverse spectrum of
government agencies, public organizations, and the private sector, all
resolutely committed to the safeguarding of critical information
infrastructure.[2]

C. Regulatory Bodies/National Organizations–

• Computer
  Emergency Response Team (CERT-In).

The Indian Computer Emergency Response Team (CERT-In) is a
Government organisation under Ministry of Electronics and Information
Technology, Government of India. CERT-In has been designated under Section 70B
of the Information Technology Act, 2000 to serve as the national agency to
perform.[3]

• Cyber
  Swachhta Kendra.

 It is a Botnet cleaning and Malware Analysis Centre as
a part of Government of India’s ‘Digital India Initiative’. 

• National
  Critical Information Infrastructure Protection Centre.

National Critical Information Infrastructure Protection
Centre (NCIIPC), a unit of NTRO, is an organisation of the Government of India
created under Sec 70A of the Information Technology Act, 2000 (amended 2008),
through a gazette notification on 16th Jan 2014 based in New Delhi, India. It
is designated as the National Nodal Agency in respect of Critical Information
Infrastructure Protection.[4]

• Cyber
  Regulations Appellate Tribunal (CRAT).

Whereas Section 48 sub-section (1) or the Information
Technology Act, 2000 provides for establishment of one or more appellate
tribunal to be known as Cyber Regulations Appellate Tribunal.[5]

• Digital
  India Corporation.

D. Authorities and Ministries–

• Ministry
  of Electronics and Information Technology (MeitY).

• Telecom
  Regulatory Authority of India (TRAI).

• Department
  of Telecommunications (DoT).

• Insurance
  Regulatory and Development Authority (IRDAI).

• Security
  and Exchange Board of India (SEBI).

 Works to provide securities and safeguard of the data of customers, transactions and to ensure that market intermediaries are following the prescribed safeguards. 

[1] Preamble of National Cyber Security
Policy -2013.

[2] Portal of National Security Council
Secretariat, https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1970225

[3] Portal of CERT-In, https://www.cert-in.org.in/

[4] Portal for National Critical
Information Infrastructure Protection Centre, https://nciipc.gov.in/

[5] Department of Information Technology, Notification dated 26^th June,
2007.