Telecom and Postal Sector – Spectrum Allocation, Call Drops, Predatory Pricing, etc

What are the new Interception Rules and Safeguards?

Prelims Only | Security Issues | Mains Paper 3: Various Security Forces, Agencies & Their Mandates
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Interception Rules and Safeguards

Why in the News?

The Centre has introduced the Telecommunications (Lawful Interception of Messages) Rules, 2024, replacing Rule 419A of the Indian Telegraph Rules, 1951, allowing certain agencies to intercept phone messages under specific conditions.

About the Indian Telegraph Rules, 1951

  • The Indian Telegraph Rules, 1951 are a set of regulations that govern the establishment, maintenance, and operation of telecommunication services in India.
  • These rules were framed under the provisions of the Indian Telegraph Act, 1885, which is a key legislation that grants the government authority to regulate telecommunication networks in India.
  • The rules cover various aspects of telecommunication, such as:
  1. The process for obtaining telecommunication licenses.
  2. The rights and obligations of telecommunication service providers.
  3. The use of telecommunication networks for government purposes.
  4. Provisions for the lawful interception and monitoring of communication for security, investigation, and public interest reasons (Rule 419A).

What do the new Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024 state?

  1. Authorization for interception:
    • The Union Home Secretary and the Secretary to the State government in charge of the Home Department can authorize interception orders.
    • An officer not below the rank of Joint Secretary may issue interception orders in unavoidable circumstances (the circumstances are not specified).
  2. Remote areas/operational reasons:
    • In remote areas, or for operational reasons, the head or second senior-most officer of the authorized agency (at central and state levels) can issue orders.
    • These orders must be confirmed by the competent authority within seven days.
    • If not confirmed, the interception ceases and the data cannot be used for any purpose, including court evidence.
  3. Destruction of records:
    • Interception records must be destroyed every six months by the authorized agency and review committee, unless required for functional purposes or court directions.

Will it override Rule 419A of the Indian Telegraph Rules, 1951?

  • Yes, Rule 419A is replaced with these new rules, introducing changes in the conditions and procedures for interception.
  • Previously, interception was allowed only in emergent cases.
    • The new rules broaden this to include situations where it is not feasible to obtain prior orders in remote areas or due to operational reasons.
  • Under Rule 419A, there was no limit to the number of IGP-rank officers at the State level who could be authorized for interception.
  • The new rules allow only the head and second senior-most officer of the authorized agency at the state level to issue orders.
    • If the order is not confirmed within seven days, any intercepted messages cannot be used for any purposes, including court evidence.

PYQ:

[2021] ‘Right to Privacy’ is protected under which Article of the Constitution of India?

(a) Article 19
(b) Article 20
(c) Article 21
(d) Article 29

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