The government has issued rules for the interception of mobile messages, designating the Union Home Secretary at the central level and Chief Secretaries at the state level as the authorised officials to pass interception orders.
According to the officials, the interception of specific messages or categories of messages can be carried out for a defined period, not exceeding six months. They said that the government had placed the rules in the public domain for objections and suggestions on August 28.
The new Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, however, are likely to trigger a debate on the right to privacy as there have been cases of misuse of unauthorised interception by different agencies in the past.
In situations arising from unavoidable circumstances, the rules also authorise a joint secretary or Inspector General (IG)-level or above officer, to issue an order of interception, an official said, adding, “But, this exception is subject to submission of interception order to the competent authority within three working days of the date of its issuance and confirmation within a period of seven working days from the date of issue.”
The rules also specify that in the event that law enforcement agencies seek permission for interception, but do not get any reply within seven working days, such requests “shall cease and any messages intercepted will not be allowed to be used for any purpose”, including as evidence in a court of law, officials said.
According to the rules, the law enforcement agencies will be required to provide details of the person whose messages need to be intercepted, the officer who has been authorised and the time frame during which the data would be destroyed, officials said. Further, every law enforcement agency would also be required to specify two authorized nodal officers, but they should not be below the rank of superintendent of police or equivalent.
The rules say agencies have to submit fortnightly reports twice a month comprising the list of interception orders received during the preceding fortnight with details. The rules specify that these reports must include the reference number and date of interception orders issued or confirmed.
