(1) Where the Central Government or a State Government or any of its officers specially authorised by the Central Government or the State Government, as the case may be, in this behalf may, if satisfied that it is necessary or expedient so to do, in the interest of the sovereignty or integrity of India, defence of India, security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence, it may subject to the provisions of sub-section (2), for reasons to be recorded in writing, by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource.
(2) The procedure and safeguards subject to which such interception or monitoring or decryption may be carried out, shall be such as may be prescribed.
(3) The subscriber or intermediary or any person in-charge of the computer resource shall, when called upon by any agency which has been directed under sub-section (1), extend all facilities and technical assistance to—
(a) provide access to or secure access to the computer resource generating, transmitting, receiving or storing such information; or
(b) intercept, monitor, or decrypt the information, as the case may be; or
(c) provide information stored in computer resource.
(4) The subscriber or intermediary or any person who fails to assist the agency referred to in sub-section (3) shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.
Legal Commentary & Landmark Judgments: Section 69
Section 69 of the Information Technology Act empowers the Central and State Governments to issue directions for interception, monitoring, or decryption of digital information, and authorize the collection of cyber traffic data for national security.
Section 69B empowers authorized agencies to monitor and collect traffic data to enhance cybersecurity and prevent cyber attacks.
Section 69 orders can only be authorized by the Union Home Secretary or State Home Secretaries, subject to mandatory review by the statutory Review Committee. Intermediaries that provide end-to-end encryption cannot be forced to weaken encryption protocols, but must assist in tracing the first originator of unlawful messages under prescribed statutory rules.