Jasjit’s Cyberoughts

Unfortunately the amendment does not address privacy issues and does not have any specific guidelines for protection of personal information by various service providers and agencies.

I am disturbed by the fact that government can intercept computer communication for any kind of crime where as letters and telephones may be intercepted and monitored only in matters of national interest. I hope this provision is not misused.

Replacement of term “Digital Signatures” in the amendment with “Electronic Signatures” is welcome as this change makes the law technology agnostic for authenticating documents.

Key Issues and Analysis as per PRS Legislative Research Website:

1. The Bill enables the central government to intercept computer communication for investigation of any offence. Telephones and letters may be intercepted only to protect national interest, sovereignty etc.
2. Neither the IT Act nor any other law covers how personal information may be collected, processed, shared and used. While the Bill provides compensation for unlawful loss or gain arising from unauthorised use of data, it does not address the issue of breach of privacy.
3. Any person copying or destroying data without permission of the owner is liable to pay damages. The Bill does not cover situations in which an employee who has permission to access certain data misuses such data.
4. Intermediaries are not liable for third party data. They are required to remove unlawful content on receiving “actual knowledge”. This term is not defined.
5. The expert committee appointed to suggest amendments to the IT Act had recommended stringent punishment for child pornography. The Bill does not address this. The Standing Committee stated that the issue of unwanted commercial e-mails (spam) has not been addressed.

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