The government placed these rules in the public domain on August 28, inviting objections and suggestions, but the move is expected to reignite debates around privacy
The government has introduced new rules regarding the interception of mobile messages, designating the Union Home Secretary and Chief Secretaries of states as the authorised officials to approve interception orders. These rules, issued under the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, allow interception for specific messages or categories of messages, with a defined time period of up to six months.
The government placed these rules in the public domain on August 28, inviting objections and suggestions, but the move is expected to reignite debates around privacy, given the historical misuse of such powers by various agencies.
Conditions For Interception & Accountability
The new regulations also provide that, in certain unavoidable circumstances, senior officers, such as a Joint Secretary or an Inspector General (IG)-level officer, can issue interception orders. However, these orders must be submitted to the competent authority within three working days and confirmed within seven working days.
If law enforcement agencies request interception and do not receive a response within seven working days, the request will be considered void, and any intercepted messages cannot be used, even as evidence in court, according to the rules.
Details On Reporting & Accountability
The rules specify that agencies must provide detailed reports on the interception orders they receive, including the reference number, date of issue, and confirmation. These reports must be submitted twice a month. Additionally, agencies are required to provide information on the individual whose messages are to be intercepted, the authorised officer, and the timeline for destroying the intercepted data.
Furthermore, each law enforcement agency must designate two nodal officers, at a minimum rank of superintendent of police, to oversee the process.
The rules represent a significant development in mobile message interception, but concerns around the potential for abuse and the impact on privacy remain a key issue for critics.
