Home India Ministry of Electronics and Information Technology Designated Officer under section 69A...
Date: 2022-04-29 Category: Extra Ordinary State: Union Government Country: India

Designated Officer under section 69A

Issued by Ministry of Electronics and Information Technology · Not Applicable

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Executive Summary & Key Takeaways

## Policy Analysis Report: Designation of Designated Officer for Information Technology Act **1. Executive Summary:** This report analyzes a notification from the Ministry of Electronics and Information Technology (MeitY) that designates Shri Amitesh Kumar Sinha as the Designated Officer for the purpose of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, under Section 69A of the Information Technology Act, 2000. This notification supersedes a previous notification (No. 252021CL dated 24th November 2021). The key finding is the formal replacement of the Designated Officer, a crucial role in the process of blocking access to information by the public. **2. Introduction:** This report provides an analysis of a notification published by the Ministry of Electronics and Information Technology (MeitY) regarding the designation of a Designated Officer under the Information Technology Act, 2000. The analysis is based solely on the provided text of the notification. **3. Policy Overview:** * **Type:** Amendment (Designation Change) * **Original Policy Referenced:** Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009; Section 69A of the Information Technology Act, 2000; and a previous MeitY Notification No. 252021CL dated 24th November 2021. * **Core Objective(s):** The overarching objective, inferred from the text, is to ensure a functioning and legally compliant process for blocking access to information by the public, in accordance with the Information Technology Act, 2000. The specific objective of this notification is to designate an individual responsible for implementing the blocking procedures. **4. Background and Rationale:** This notification amends the previous designation of the Designated Officer. The rationale for this change is likely due to a change in personnel, reassignment of responsibilities, or other administrative reasons within the MeitY. The amendment ensures continuous compliance with the Information Technology Act, 2000 and related rules by maintaining a formally appointed individual responsible for the blocking process. **5. Key Provisions / Changes:** * **Specific Part of Original Policy Changed:** The designation of the Designated Officer responsible for tasks under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. * **New Rule/Provision:** Shri Amitesh Kumar Sinha, IRAS 1997, Joint Secretary, Ministry of Electronics and Information Technology, Government of India, Electronics Niketan, 6 Central Government Offices Complex, New Delhi 110003, is now designated as the Designated Officer. * **Difference/Effect:** The previous Designated Officer (whoever held that position prior to this notification) is no longer authorized to perform the duties associated with the role. Shri Amitesh Kumar Sinha assumes all responsibilities and powers associated with the Designated Officer role as defined under the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders are: * **Ministry of Electronics and Information Technology (MeitY):** Specifically, personnel involved in the implementation of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. * **Government of India:** As the Central Government is responsible for authorizing and designating the officer. * **Internet Service Providers (ISPs) and other intermediaries:** These entities are likely directly affected by decisions made by the Designated Officer regarding blocking access to information. * **Public:** As the rules address blocking access of information to the public. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Electronics and Information Technology (MeitY) is the responsible agency. The Designated Officer, Shri Amitesh Kumar Sinha, is directly responsible for implementing the relevant rules. * **Timelines/Procedures:** The text does not specify timelines or detailed procedures. These are likely outlined in the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, which are referenced in the notification. * **Focus on Changes:** The primary implementation aspect is the internal communication within MeitY and to external stakeholders (like ISPs) regarding the change in Designated Officer. This ensures that all requests and communications are directed to the appropriate individual. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this specific change is to ensure a smooth and legally compliant transition in the role of Designated Officer. The potential impact of this change is minimal if the transition is managed effectively. However, any delays or miscommunication regarding the change in designation could potentially disrupt the process of blocking access to information, leading to legal or operational challenges. **9. Conclusion:** The notification analyzed represents an administrative update to the designation of the Designated Officer under the Information Technology Act, 2000. It is essential for relevant stakeholders to be aware of this change to ensure the proper implementation of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. The smooth transition and clear communication of this change are crucial for maintaining the integrity of the information blocking process.

Key Entities Referenced

Information Technology Act, 2000: A law, specifically section 69A, which grants powers related to blocking access of information. Information Technology Procedure and Safeguards for Blocking for Access of Information by Public Rules, 2009: Rules enacted in 2009 related to the process and safeguards for blocking information accessibility to the public. Ministry of Electronics and Information Technology: The Indian government ministry issuing the notification; responsible for electronics and information technology. New Delhi: The location of the Ministry of Electronics and Information Technology and the place where the notification is issued, and where Central Government Offices Complex is located. Amitesh Kumar Sinha: The Designated Officer, IRAS 1997, and Joint Secretary, authorized by the Central Government for the purpose of the rules pertaining to blocking information access. Central Government Offices Complex, New Delhi: Location of the Ministry of Electronics and Information Technology. Electronics Niketan: Address/location of Ministry of Electronics and Information Technology
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 सी.जी.-डी.एल.-अ.-29042022-235448 xxxGIDHxxx CG-DL-E-29042022-235448 xxxGIDExxx असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 1924] नई ददल्ली, िुक्रवार, अप्रलै 29, 2022/विै ाख 9, 1944 No. 1924] NEW DELHI, FRIDAY, APRIL 29, 2022/VAISAKHA 9, 1944 इलक्‍टे र ॉजनक र सचू ना प्रौद्योजगक मत्रं ालय (कार्ममक-I अनभु ाग) अजधसचू ना नई ददल्ली, 7 फरवरी, 2022 का.आ. 2024(अ).—25 नवंबर, 2021 को भारत के रािपत्र में का.आ. 4869 (अ) के िररए प्रकाजित इस मंत्रालय क ददनांक 24 नवंबर, 2021 क अजधसूचना संख्या 2(5)/2021-सीएल अजतक्रमण म ें र सूचना प्रौद्योजगक (िनसाधारण द्वारा सचू ना के अजभगम के अवरोधन के जलए काययजवजध र सुरक्षा उपाय) जनयम, 2009 के जनयम 3 के साथ परित सूचना प्रौद्योजगक अजधजनयम, 2000 (2000 का 21) क धारा 69क क उप-धारा (1) द्वारा प्रदत्त िजियों का प्रयोग करते हुए, केन्द्र सरकार एतद्द्वारा श्री अजमतेि कुमार जसन्द् हा, आईआरएएस (1997), संयुक्‍ट त सजचव, इलेक्‍टरॉजनक र सूचना प्रौद्योजगक मंत्रालय, भारत सरकार, इलेक्‍टरॉजनक्‍टस जनकेतन, 6 सीिीओ कॉम्पलक्‍टे स, नई ददल्ली -110003 को उक्‍टत जनयमों के प्रयोिन से पदनाजमत अजधकारी के रूप म ेंप्राजधकृत र पदनाजमत करती ह ै। [फा. सं. 2(1)/2017-कार्ममक I (पार्)य ] भुवनेि कुमार, संयुि सजचव 2978 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY (Personnel-I Section) NOTIFICATION New Delhi, the 7th February, 2022 S.O. 2024(E).—In supersession of this Ministry’s Notification No. 2(5)/2021-CL dated 24th November 2021 published in the Gazette of India vide S.O. 4869(E) on 25th November 2021 and in exercise of the powers conferred by sub-section(1) of section 69A of the Information Technology Act, 2000 (21 of 2000) read with rule 3 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009, the Central Government hereby authorises and designates Shri Amitesh Kumar Sinha, IRAS (1997), Joint Secretary, Ministry of Electronics and Information Technology, Government of India, Electronics Niketan, 6 Central Government Offices Complex, New Delhi - 110003, as the Designated Officer for the purpose of the said rules. [F. No. 2(1)/2017-Pers.I (Pt.)] BHUVNESH KUMAR, Jt. Secy. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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