Page 20 - Approved Social Media Framework and Guidelines

departments which are providing social media facilities must comply with ISO
27001.

iv. Further under the Information Technology (Intermediary guidelines) Rules,
2011, since the said Government department who is provide social media
facilities is an intermediary, it has to comply with the Information Technology
(Intermediary guidelines) Rules, 2011. Under Rule 3(4) of the said rules, the
Government department shall act within thirty six hours on receiving the
written complaint form an affected person and where applicable, work with
user or owner of such information to disable such information that is in
contravention of sub-rule (2).

v. Further the Government department shall preserve such information and
associated records for at least ninety days for investigation purposes.

vi. In case, if the Government department does not comply with any of the above
requirements of law, then the said Government department as also the
concerned head of the department who is responsible for the social media
facilities and the concerned IT head would be liable for civil and criminal
consequences.

vii. The civil consequences could consist of being sued for damages by way of
compensation upto 5 crore Rupees under summary proceedings before the
adjudicatory authorities specially constituted under the Information
Technology Act, 2000. Further if person wants, they can sue the said
Government department for damages beyond 5 crore Rupees in a court of
competent jurisdiction.

viii. In case the concerned Government department does not comply with all the
aforesaid laws, the said Government department as also the person heading
the department and the concerned IT head would also be liable for criminal
liability which could range from imprisonment of 3 years to life imprisonment
and fine which could range from 1 lakh to 10 lakh Rupees.

Rules for Privacy and data collection: While social networking enables greater
transparency, it is equally important to ensure the protection of people from exposure to

inappropriate or offensive material.

· Since profiles on social network are linked more often to individuals and not
organisations, for the organisation’s site/page, a separate work profile may be created
which can then be linked to a general email address that is accessible to anyone in the team,
enabling them to administer the social networks without compromising on individual
privacy.

· It is critical that social media policy for the Government is compliant with existing
law governing data protection and privacy. Each department of the Government may be
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