Wednesday, September 2, 2009

The Demise Of IT Act 2008

Governmental dealings are very apparent provided we are willing to understand and accept the same. For instance, the Information Technology Amendment Act, 2008 (IT Act 2008) has been passed on 23rd December 2008 and received the assent of President of India on 5th February, 2009. However, it has not been “notified” yet (till 2nd September 2009) and if we are honest it is not difficult to realise that it would never be notified despite ignorant contrary claims. This uncertainty has even resulted in wrong prosecutions that are not justified by any law or practice.

As per the latest report, the government has claimed that it would finalise in a month the rules of the IT Amendment Act, which deals with issues like cyber crime and data interception. "We have already put up draft rules of the IT (Amendment) Act on the website and have also received comments. We are trying to finalise the rules within a month," Department of Information Technology (DIT) Secretary R Chandrashekhar told reporters on the sidelines of a CII conference in New Delhi on Monday.

It is clear that we need to reformulate the IT Act 2000/2008 in order to make it effective. There is neither a requirement nor a possibility that the IT Act, 2008 would be notified by the government of India even after one month. In all probability a new IT Act 2009 would be formulated in the winter session of the Parliament.

The IT Act 2008 is already dead and we must move forward and enact the IT Act 2009 that must be not only comprehensive but holistic as well. It would be a good idea if experts are consulted this time before enacted the IT Act 2009 otherwise it would also face the same fate as it predecessor did.