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As per section 70-B of the Information Technology Act, 2000 (the IT Act)
the Central Government has the power to appoint an agency of the
government to be called the Indian Computer Emergency Response
Team. In pursuance of the said provision, the Central Government issued
the Information Technology (The Indian Computer Emergency Response
Team and Manner of Performing Functions and Duties) Rules, 2013 (the
CERT Rules) which provide the location and method of functioning of
the Indian Computer Emergency Response Team (CERT-In). Rule 12 of the
CERT Rules gives every person, company or organisation the option to
report cyber security incidents to the CERT-In. It also places an obligation
on them to mandatorily report the following kinds of incidents as early as
possible:
This would mean that if the data kept with the Indian Navy regarding any
of their Warships in electronic form is hacked in a cyber incident, then
there is no statutory obligation under the said Rules on it to report the
incident. It is pertinent to mention here that although there is no
obligation on a government department under law to report such an
incident, such an obligation may be contained in its internal rules and
guidelines, etc. which are not readily available.
Therefore, Ravi Shankar Prasad identified this situation as very critical and
stated in an interview that all digital payment firms have been asked to
report any unusual movement immediately to CERT, and that the ministry
of electronics and IT has started review of the IT Act keeping in mind the
current need and demand of digital payments and mobile banking which
werent prevalent 16 years ago, when the Act initially came into force.
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