ANALYSIS OF THE PROVISIONS OF THE DRAFT CYBER SECURITY LAW The companies and organizations providing services as prescribed in the Telecommunication Law shall make arrangements and preparations in advance so that the relevant person or organization authorized under Section 47 can intercept. Chapter XII Section 49 Chapter XII Section 50 Conclusion: In the above-mentioned provisions, the governmental authorities have been given a wide spectrum of powers to ‘intercept’ systems. The definition of interception means “intercepting and acquiring of any information or part of it which is communicated and processed by using a network.” Therefore, it is pretty broad, but there is no indication/restriction on ‘snooping’ as part of the definition of ‘interception’. Section 49: A. In this provision, the authorised person (in order to prevent cyber-attack, A relevant person or organization authorized to intercept subject cyber fraud, cyber terrorism) has the right to take a broad scope of action. to Section 47 shall conduct any of the following interceptions without interfering the fundamental rights of the citizens: B. This is especially true considering the broad scope of action under the (a) Preventing any actions that can harm the sovereignty and provision which may be construed as providing unrestricted power to the territorial integrity of the State; authorised person. For instance, preventing issues that can harm the (b) Performing any acts for the defense and security of the sovereignty and territorial integrity of the State- this has no defined State; boundaries or modes of steps to be taken by the authorised person. (c) Performing any acts for the rule of law and public order; (d) Investigating crimes; C. Further, performing acts of state defense and security; performing acts of (e) Issues approved under any existing laws; and rule of law and public order- there is no prescribed process/mode of action (f) Act of safeguarding and protecting public life, property to be taken. and public welfare. Conclusion: Similar to the above analysis, there is a possibility that the governmental authorities may carry out any form of interceptions for the stated reasons which are also undefined and open-ended. Section 50: A. Section 50 enables the government to investigate the Online Service A Related Ministry or a department and organization which is Provider at any time to access data for “country’s protection and security assigned by the Ministry may investigate, and supervise any purposes and public interest.” services being operated and processed at the online service provider and may request them to provide written records if it is B. The italicized phrase has no definition and can be widely interpreted. necessary for the country’s protection and security purposes and public interest. Conclusion: In the absence of any specified definition/limitation of the italicized term, Online Service Providers may be subjected to random inspections and investigations by governmental authorities. 8 12 February 2021