The Ministry of Electronics and Information Technology (MeitY) has introduced amendments to the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, granting the Union and state home secretaries the authority to order the deletion of surveillance data after a period of six months, as outlined in a gazette notification dated February 26.
Previously, the power to delete surveillance records rested solely with the security agency responsible for the surveillance, whether authorised by the home ministry or a competent court. However, the recent amendment, notified by the IT Ministry, empowers the designated home secretaries to issue deletion orders.
This significant change represents a departure from the previous protocol, which limited this authority to select security agencies, including the Intelligence Bureau, Narcotics Control Bureau, National Investigation Agency, and others.
The amended rules now designate the home secretaries, both at the central and state levels, as competent authorities empowered to order the deletion of surveillance records. This shift aims to streamline the process and provide clarity regarding the authority responsible for managing surveillance data.
MeitY officials assert that these amendments provide clarity, particularly regarding the role of the Home Ministry in executing orders related to interception, monitoring, and decryption of information. By explicitly defining the home secretaries as “competent authorities”, the amendments aim to enhance transparency and procedural efficiency.
In addition to the amendments related to surveillance data deletion, MeitY also notified the computer resources of the National Investigation Agency (NIA) as “critical information infrastructure” under Section 70 of the IT Act 2000. These amendments signify a concerted effort by the government to enhance oversight and accountability in surveillance practices.
