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Telecommunications (Lawful Interception of Messages) Rules, 2024

About Telecommunications (Lawful Interception of Messages) Rules, 2024

  • Competent authorities for interception:
    • Union Level: Union Home Secretary.
    • State Level: Secretary to the State Government in charge of the Home Department.
    • In ‘unavoidable circumstances’: An officer not below the rank of Joint Secretary to the Union Government can issue interception orders. (Term unavoidable circumstances is not defined).
  • Authorisation of Interception: The Central Government may also authorise any law enforcement or security agency to intercept messages for reasons specified under Section 20(2) of the Telecommunications Act, 2023.
  • Orders in Remote Areas or Operational Reasons: Following officers can issue interception orders:
    • Central Level: Head or second senior-most officer of the authorised agency.
    • State Level: Head or second senior-most officer (not below the rank of Inspector General of Police).
    • These orders must:
      • Be submitted to the competent authority within 3 working days.
      • Be confirmed by the competent authority within 7 working days.
      • If not confirmed, interception must cease, and messages intercepted cannot be used for any purpose, including court evidence.
  • Record Maintenance and Destruction:
    • Records related to interception must be destroyed every 6 months by the authorised agency and the review committee.
    • Exception: Records may be retained if required for functional purposes or court directions.
  • Oversight Mechanisms: To ensure compliance, a high-level review committee will be established
    • Central Oversight Committee: Chaired by the Cabinet Secretary.
      • Members: Secretary of Legal Affairs & Secretary of Telecommunications.
    • State-Level Committees: Chaired by the Chief Secretary.
      • Members: Secretary Legal Affairs & Secretary to the State Government, other than the Home Secretary.
Indian Telegraph Rules, 1951
  • The Indian Telegraph Rules, 1951 were framed under the provisions of the Indian Telegraph Act, 1885 to regulate and govern telecommunication services in India.
  • Rule 419A: Provisions regarding lawful interception and monitoring of communication for security, investigation and public interest reasons.

Key Differences from Rule 419A of the Indian Telegraph Rules, 1951

  • Relaxation of Conditions for Interception:
    • Previous rules allowed interception only in emergent cases.
    • The new rules allow interception in remote areas or operational reasons, even if the competent authority cannot issue orders immediately.
  • Limitations on Officers Authorised for Interception:
    • Under Rule 419A, there was no limit on the number of Inspector General of Police (IGP)-rank officers at the State level authorised to intercept.
    • The new rules restrict authorisation to only the head or second senior-most officer of the agency.
  • Safeguard Against Unconfirmed Interceptions:
    • Interceptions not confirmed within 7 days cannot be used for any purpose, including as evidence in court.
Concerns Regarding the New Rules
  • Relaxation of ‘Emergent Cases’ Clause: The requirement for interception in emergent cases has been relaxed. It will increase the scope for misuse.
  • Lack of Accountability for Misuse: The rules do not specify punitive measures for agencies that misuse interception powers. Agencies can potentially abuse interception powers for up to 7 days before confirmation is required.
  • Ambiguity in Terms: Terms such as ‘unavoidable circumstances’ and ‘operational reasons’ are not defined, leaving room for subjective interpretation.
  • Insufficient Checks on Authorised Agencies: Absence of stringent checks increases the risk of overreach and violations of privacy rights.

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