Govt notifies rules for message interception, sets 6-month surveillance limit: Report

Telecommunication entities will also bear responsibility for ensuring their employees are not involved in unauthorised interceptions.

The Union government has issued the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, which outline procedures for law enforcement and security agencies to intercept messages for specific reasons and timeframes. According to a report by News18, the new rules are similar to existing call interception protocols and are expected to reignite debates over the Right to Privacy, given past controversies surrounding unauthorised interception by various agencies.

Key Provisions of the New Rules

Under the new framework, interception of a person’s messages can be authorised for a maximum period of six months. The competent authority to approve such orders will be the Union Home Secretary for central agencies and the Chief Secretary for state agencies. The rules also specify that in unavoidable circumstances, a joint secretary-level or inspector general-level officer can issue an interception order. However, such orders must be submitted to the competent authority within three working days for confirmation, and the competent authority has up to seven working days to approve or reject them.

If no response is provided within the stipulated seven-day period, the interception must cease, and any data collected during the period cannot be used for any purpose, including as evidence in court, as per the News18 report.

Safeguards and Oversight

To ensure accountability, agencies must specify the particulars of the individual whose messages are to be intercepted, the authorised officer, and details regarding data destruction timelines. Each authorised agency will also designate two nodal officers, at least of superintendent of police rank, to handle interception orders.

Agencies will be required to submit fortnightly reports, twice a month, listing details of interception orders received and issued, including reference numbers and dates, according to the News18 report.

Telecommunication entities will also bear responsibility for ensuring their employees are not involved in unauthorised interceptions.

High-Level Committees for Review

A high-level committee headed by the Cabinet Secretary will oversee interception orders at the central level. Members of this committee include the Secretary, Department of Legal Affairs, Ministry of Law and Justice, and the Secretary, Department of Telecommunications. Similar committees will be formed at the state level, with the Chief Secretary as chairperson and Secretaries from the Law and Home Departments as members.

Public Consultation and Reactions

The government had invited public objections and suggestions on the draft rules on August 28 this year before finalising the notification. The News18 report highlights that the rules could trigger further scrutiny and discussions about privacy rights and misuse of surveillance mechanisms.

The new rules mark a significant step in formalising interception procedures but also raise pressing questions about the balance between national security and individual privacy rights.