New Rules for Intermediaries Under Information Technology Act
12 October 2012
The Government of India has issued Notifications under the Information Technology Act, 2000 and has promulgated Information Technology (Intermediaries Guidelines) Rules, 2011 and Information Technology (Reasonable Security Practices & Procedures & Sensitive Personal Data or Information) Rules, 2011.
“Under the new Rules, Practices and Procedures, it has been made mandatory and obligatory for the intermediaries to provide privacy policy and disclosure of information on the websites as are accessible to the Indian audience in accordance with the new rules with immediate effect,” said lawyers at Amarjit & Associates in New Delhi.
Non compliance with the provisions of The Information Technology Act, 2000 or the Rules framed there under constitute a Criminal offence even if the offence is committed outside India provided the Act of Contravention or the conduct constituting such offence involves a Computer, Computer System or Computer Network located in India.
“Any person or corporate operating a website from any part of the world [which] is accessible to the Indian audience is obliged to operate the website in accordance with the [privacy] policy, in accordance with the new Rules, Practices and Procedures notified by the Government of India,” the firm said.
