The Department of Telecommunications (DoT) has sought a clarification from the Ministry of Home Affairs over Securities and Exchange Board of India (SEBI?s) right to seek user call data records from operators while investigating economic offences.
Earlier, Reliance Communications (RCOM) had raised the issue with DoT, following SEBI?s request to seek user call data records from the operator. Apart from call records, SEBI has sought additional information from the operator, including proof of identity and proof of address documents submitted by RCOM subscribers under the provisions of Section 11 (2) (1A) of Sebi Act, 1992.
DoT in its communication to the Ministry of Home Affairs has sought clarification as to whether call data records can be provisioned to SEBI under Section 11 (2) (1A) of the SEBI Act, 1992, since it is not a designated authority for lawful interception and monitoring under Section 5(2) of the Indian Telegraph Act, 1885, read with Rule 419 (A) of Indian Telegraph (Amendment) Rules, 2007.
In fact, earlier this year, the Ministry of Finance had sought SEBI?s inclusion in the list of designated law enforcement agencies which would be legally equipped to demand call data records, text messages and emails from telecom service providers while probing economic offences, including insider trading and money laundering. At present, DoT has a designated list of law enforcement agencies which can tap private conversations. These agencies include Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Bureau of Investigation, Central Board of Direct Taxes, Central Economic Intelligence Bureau, Research and Analysis Wing and Directorate of Revenue Intelligence.
