The competent authority may, under Rule (3), give any decryption direction to the decryption key holder for decryption of any information involving a computer resource or part thereof.
IT Rules 2009: Interception, Monitoring & Decryption
Rule 4: Authorisation of agency of Government
The competent authority may authorise an agency of the Government to intercept, monitor or decrypt information generated, transmitted received or stored in any computer resource for the purpose specified in sub-section (1) of section 69 of the Act.
Rule 3: Direction for interception or monitoring or decryption of any information
No person shall carry out the interception or monitoring or decryption of any information generated, transmitted, received or stored in any computer resource under sub-section (2) of section 69 of the Act, except by an order issued by the competent authority;
Provided that in an unavoidable circumstances, such order may be issued by an officer, not below the rank of Joint Secretary of the Government of India, who has been duly authorised by the competent authority;
Provided further that in a case of emergency–
(i) in remote areas, where obtaining of prior directions for interception or monitoring or decryption of information is not feasible; or
(ii) for operational reasons, where obtaining of prior directions for interception or monitoring or decryption of any information generation, transmitted, received or stored in any computer resource is not feasible,
the interception or monitoring of decryption of any information generated, transmitted, received or stored in any computer resource may be carried out with the prior approval of the Head or the second senior most officer of the security and law enforcement agency (hereinafter referred to as the said security agency) at the Central level and the officer authorised in this behalf, not below the rank of the inspector General of Police or an officer of equivalent rank, at the State or Union territory level;
Provided also that the officer, who approved such interception or monitoring or decryption of information in case of emergency, shall inform in writing to the competent authority about the emergency and of such interception or monitoring or decryption within three working days and obtain the approval of the competent authority thereon within a period of seven working days and if the approval of competent authority is not obtained within the said period of seven working days, such interception or monitoring or decryption shall cease and the information shall not be intercepted or monitored or decrypted thereafter without the prior approval of the competent authority.
Rule 2: Definitions
In these rules, unless the context otherwise requires,–
(a) “Act” means the Information Technology Act, 2000 (21 of 2000);
(b) “communication” means dissemination, transmission, carriage of information or signal in some manner and include both a direct communication and an indirect communication”;
(c) “communication link” means the use of satellite, microwave, radio, terrestrial line, wire, wireless or any other communication media to inter-connect computer resource;
(d) “competent authority” means–
(i) the Secretary in the Ministry of Home Affairs, in case of the Central Government; or
(ii) the Secretary in charge of the Home Department, in case of a State Government or Union territory, as the case may be;
(e) “computer resource” means computer resource as defined in clause (k) of sub-section (1) of section 2 of the Act;
(f) “decryption” means the process of conversion of information in non-intelligible form to an intelligible form via a mathematical formula, code, password or algorithm or a combination thereof;
(g) “decryption assistance” means any assistance to–
(i) allow access, to the extent possible, to encrypted information; or
(ii) facilitate conversion of encrypted information into an intelligible form;
(h) “decryption direction” means a direction issued under Rule (3) in which a decryption key holder is directed to–
(i) disclose a decryption key; or
(ii) provide decryption assistance in respect of encrypted information
(i) “decryption key” means any key, mathematical formula, code, password, algorithm or any other data which is used to–
(i) allow access to encrypted information; or
(ii) facilitate the conversion of encrypted information into an intelligible form;
(j) “decryption key holder” means any person who deploys the decryption mechanism and who is in possession of a decryption key for purposes of subsequent decryption of encrypted information relating to direct or indirect communications;
(k) “information” means information as defined in clause (v) of sub-section (1) of section 2 of the Act;
(l) “intercept” with its grammatical variations and cognate expressions, means the aural or other acquisition of the contents of any information through the use of any means, including an interception device, so as to make some or all of the contents of an information available to a person other than the sender or recipient or intended recipient of that communication, and includes–
(a) monitoring of any such information by means of a monitoring device;
(b) viewing, examination or inspection of the contents of any direct or indirect information; and
(c) diversion of any direct or indirect information from its intended destination to any other destination to any other destination;
(m) “interception device” means any electronic, mechanical, electro-mechanical, electro-magnetic, optical or other instrument, device, equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument, device, equipment or apparatus, to intercept any information; and any reference to an “interception device” includes, where applicable, a reference to a “monitoring device”;
(n) “intermediary” means an intermediary as defined in clause (w) of sub-section (1) of section 2 of the Act;
(o) “monitor” with its grammatical variations and cognate expressions, includes to view or to inspect or listen to or record information by means of a monitoring device;
(p) “monitoring device” means any electronic, mechanical, electro-mechanical, electro-magnetic, optical or other instrument, device, equipment or apparatus which is used or can be used, whether by itself or in combination with any other instrument, device, equipment or apparatus, to view or to inspect or listen to or record any information;
(q) “Review Committee” means the Review Committee constituted under rule 419A of Indian Telegraph Rules, 1951.
Rule 1: Short title and commencement
(1) These rules may be called the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
(2) They shall come into force on the date of their publication in the Official Gazette.