Section 4 in The Information Technology (Procedure And Safeguard For Monitoring And Collecting Traffic Data Or Information) Rules, 2009
4. Authorised agency of Government for monitoring and collection of traffic data or information
.-(1) The competent authority may authorise any agency of the Government for monitoring and collection of traffic data or information generated, transmitted, received or stored in any computerresource.(2)The agency authorised by the competent authority under sub-rule (1) shall designate one or more nodal officer, not below the rank of the Deputy Secretary to the Government of India, for the purpose to authenticate and send the requisition conveying direction issued under rule 3 to the designated officers of the concerned intermediary or person in-charge of computer resources.(3)The requisition under sub-rule (2) shall specify the name and designation of the officer or the agency to whom the monitored or collected traffic data or information is to be disclosed.(4)The intermediaries or person in-charge of computer resource shall designate one or more officers to receive requisition and to handle such requisition from the nodal officer for monitoring or collection of traffic data or information.(5)The requisition conveying directions for monitoring shall be conveyed to the designated officers of the intermediary or person in-charge of computer resources, in writing through letter or fax by the nodal officer or delivered, (including delivery by e-mail signed with electronic signature), by an officer not below the rank of Under Secretary or officer of the equivalent rank.(6)The nodal officer issuing the requisition conveying directions for monitoring under sub-rule (2) shall also make a request in writing to the designated officer of intermediary or person in-charge of computer resource for monitoring in accordance with the format indicated in such requisition and reportthe same to the officer designated under sub-rule (3).(7)The nodal officer shall also make a request to the officer of intermediary or person in-charge of computer resource designated under sub-rule (4) to extend all facilities, co-operation and assistance in installation, removal and testing of equipment and also enable online access or to secure and provide online access to the computer resource for monitoring and collecting traffic data or information.(8)On receipt of requisition under sub-rule (2) conveying the direction issued under sub-rule (2) of rule 3, the designated officer of the intermediary or person in-charge of computer resource designated under sub-rule (4) shall acknowledge the receipt of requisition by way of letter or fax or electronicallysigned e-mail to the nodal officer within a period of two hours from the time of receipt of such requisition.(9)The officer of the intermediary or person in-charge of computer resource designated under sub-rule (4) shall maintain proper records of the requisitions received by him.(10)The designated officer of the intermediary or person in-charge of computer resource shall forward in every fifteen days a list of requisition conveying direction for monitoring or collection of traffic data or information to the nodal officer which shall include details such as the reference and date of requisition conveying direction of the concerned competent authority.
