Telecommunications (Lawful Interception of Messages) Rules 2024

Telecommunications (Lawful Interception of Messages) Rules, 2024

The Union Government notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024. These rules supersede Rule 419A of the Indian Telegraph Rules, 1951.

Table of Contents

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.