Centre designates Indian Cyber Crime Coordination Centre to notify instances of usage of information or data for unlawful acts

The Central Government through a notification dated March 13, 2024 designated the Indian Cyber Crime Coordination Centre (I4C) as an agency of the Ministry of Home Affairs (MIH) to notify cases wherein any information, data or communication linked to a computer resource (as controlled by an intermediary) is being used for unlawful purposes. As per the Notification, the I4C is required to perform the functions as provided under clause (b) of sub-section (3) of Section 79 of the Information Technology Act, 2000 (“IT Act”).

The relevant provision of the IT Act provides that the exemption (from liability of intermediary in certain cases) will not be applicable in cases where, “upon receiving actual knowledge, or on being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.” The I4C will accordingly be the relevant ‘agency’ for issuing notifications to an intermediary under this provision.

The I4C was launched by the MIH in order to curb the occurrence of cyber crimes in India in a coordinated and comprehensive manner. The primary aim of this body is to tackle issues pertaining to cybercrime and at the same time improving coordination between various law enforcement agencies and the relevant stakeholders.

Under Section 79(3)(b) , It is the duty of an intermediary to immediately remove or disable access to any content, data, or communication link within their control and connected to a computer resource which is being utilized for unlawful activities as soon as they receive the relevant information/notification from the relevant Governmental authority or its agency (which role will now be undertaken by the I4C).