Under the new rules, interception can be carried out for specific messages or categories of messages for a defined period, which cannot exceed six months
The government has introduced new rules for intercepting mobile messages, outlining the procedures and safeguards to ensure lawful interception while aiming to address privacy concerns. The Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, designate the Union Home Secretary at the central level and Chief Secretaries at the state level as the authorised officials to issue interception orders.
Key Provisions Of Rules
Under the new rules, interception can be carried out for specific messages or categories of messages for a defined period, which cannot exceed six months. These rules were shared in the public domain on 28 August, inviting objections and suggestions from stakeholders.
In exceptional circumstances, a Joint Secretary or Inspector General (IG)-level officer can authorise interception. However, this order must be submitted to the competent authority within three working days and confirmed within seven working days.
An official explained, “If law enforcement agencies seek permission for interception but do not receive a reply within seven working days, such requests shall cease, and any intercepted messages will not be allowed for use in any capacity, including as evidence in court.”
Safeguards & Reporting Requirements
The rules mandate that law enforcement agencies provide detailed information regarding the individual whose messages are to be intercepted, the authorised officer, and the timeframe for destroying the collected data. Agencies must also appoint two nodal officers, not below the rank of Superintendent of Police or equivalent, to oversee the process.
Additionally, agencies are required to submit fortnightly reports detailing the interception orders received. These reports must include the reference number and date of each order issued or confirmed.
Privacy Concerns & Potential Debate
While the rules introduce safeguards, they are likely to spark discussions around the right to privacy. The issue of unauthorised interception has been a concern in the past, with instances of misuse by certain agencies raising alarm.
The government aims to strike a balance between national security and individual privacy, but experts believe the new framework will need rigorous oversight to ensure compliance and prevent misuse.
The rules highlight a structured approach towards lawful interception while recognising the need for transparency and accountability. However, as discussions unfold, their implementation and impact on privacy rights will remain under scrutiny.
