According to officials, the interception can target specific messages or categories of messages and will be limited to a defined period, not exceeding six months
The Indian government has issued detailed guidelines for the lawful interception of mobile messages under the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024. The new framework designates the Union Home Secretary at the central level and Chief Secretaries at the state level as the authorised officials responsible for approving interception orders.
According to officials, the interception can target specific messages or categories of messages and will be limited to a defined period, not exceeding six months. The draft rules were initially placed in the public domain for feedback on August 28. However, the regulations have raised concerns about privacy, with critics highlighting past instances of unauthorised interception by various agencies.
Emergency Provisions & Oversight
The rules include exceptions for urgent situations, allowing a Joint Secretary or Inspector General (IG)-level officer or above to issue interception orders. “This exception requires submission of the order to the competent authority within three working days and confirmation within seven working days,” an official stated.
In cases where law enforcement agencies request interception but do not receive a response within seven working days, the request is automatically voided. Additionally, intercepted messages in such cases cannot be used for any purpose, including as evidence in court.
Detailed Procedures For Agencies
Law enforcement agencies must provide specific information, including the identity of the person targeted, details of the authorised officer, and the timeline for data destruction. Agencies are also mandated to appoint two nodal officers, both of whom must hold a rank no lower than Superintendent of Police or equivalent.
To ensure transparency, agencies are required to submit fortnightly reports detailing all interception orders issued or confirmed in the preceding period. These reports must include reference numbers and order dates.
Balancing Security & Privacy
The introduction of these rules aims to balance national security needs with individual privacy rights. However, legal experts and privacy advocates have expressed apprehensions about potential misuse and the adequacy of safeguards.
The rules come amid growing scrutiny of government surveillance practices, with calls for stronger oversight mechanisms to prevent abuse. How effectively these measures address privacy concerns while meeting law enforcement requirements remains to be seen.