The Union government has reportedly notified the new Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, which outline the procedures for law enforcement and security agencies to intercept messages for specific reasons and periods.
These regulations are modelled after existing call-interception protocols.
The rules, permitting interception for a maximum of six months, have sparked concerns over potential misuse and infringement on the Right to Privacy. Past instances of unauthorised interceptions have heightened public apprehensions.
Interception orders can be authorised by the home secretary at Union level or chief secretary at the state level. In urgent situations, a joint secretary or an inspector general-level officer may issue orders, but these must be submitted to the competent authority within three working days for confirmation. The competent authority must respond within seven working days, failing which the interception will cease, and any data collected cannot be used as evidence.
Further, agencies seeking to intercept messages must provide details such as the person’s identity, the authorised officer, and the timeline for data destruction. Each agency must appoint two nodal officers, not below the rank of superintendent of police or an equivalent rank, to facilitate communication of interception orders. Agencies are required to submit fortnightly reports listing interception orders issued or confirmed, including details like reference numbers and dates. Telecommunication entities will be held accountable if their employees are involved in unauthorised interceptions.
Furthermore, to ensure compliance, a high-level review committee will be established, chaired by the cabinet secretary and comprising the secretary of Legal Affairs and the secretary of Telecommunications. State governments are also mandated to form similar committees, led by the chief secretary and including senior officials from legal and administrative departments.
These new regulations aim to strike a balance between national security and individual privacy, though their implementation and oversight will remain under scrutiny.
