Source: BS
Context: The Indian government notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024.
About Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024:
- Key Features
-
- Competent Authority:
- Union Home Secretary and State Home Secretaries are designated as the competent authorities to authorize interception.
- Joint Secretary-level officers can authorize interception in “unavoidable circumstances.”
- Agency Authorization:
- Central Government can authorize law enforcement or security agencies for interception under Section 20(2) of the Telecommunications Act, 2023.
- Emergency Provisions:
- In “remote areas” or “operational reasons,” heads or second senior-most officers of authorized agencies can issue interception orders, subject to confirmation within seven working days.
- Data Retention and Destruction:
- Interception records must be destroyed every six months unless required for functional or legal reasons.
- Competent Authority:
New Features:
- Expanded Grounds:
- Interception can now occur in “remote areas or for operational reasons,” not limited to “emergent cases.”
- Limits on Officers:
- Only the head and one additional senior-most officer (IGP rank or above) at the state level can authorize interception.
- Accountability for non-confirmation:
- Interception orders not confirmed within seven days cannot be used for any purpose, including as evidence in court.
- Relaxed Procedure for Agencies:
- Greater flexibility for agencies to issue interception orders without immediate approval, subject to post-facto confirmation.
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