Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024

Syllabus: GS3/Security

Context

• The Union Government notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024.

About

• These rules supersede Rule 419A of the Indian Telegraph Rules, 1951.
  • They empower some enforcement and security agencies to intercept phone messages under certain conditions. 
• Background: 
  • The safeguards and procedure of interception under Rule 419A were notified in 2007, consequent to the directions issued by the Supreme Court in People’s Union for Civil Liberties (PUCL) versus. Union of India. 
  • The Supreme Court, in this case held that the right to privacy cannot be curtailed arbitrarily without laying down safeguards which are just, fair and reasonable.

Key Provisions Under the 2024 Rules 

• Authority for Interception: It authorises Union Home Secretary and the Secretary to the State government in-charge of the Home Department as the competent authority to order the interception of any message.
  • An officer not below the rank of a Joint Secretary to the Union Government, may also issue such order of interception in ‘unavoidable circumstances’. 
  • Any other agency authorised by the Central Government.
• In remote areas or for operational reasons: The head or the second senior most officer of the authorised agency at the central level, may also issue an order of interception.
• Time Frame: In case the interception order by an authorised agency is not confirmed within seven days, any messages intercepted shall not be used for any purpose.
• Destruction of Records: The rules also mandate the destruction of records relating to interception every six months by the authorised agency and review committee.

Rule 419A of the Indian Telegraph Rules, 1951

• It grants the government or authorized agencies the authority to intercept and disclose messages if necessary for public safety or national security.
• Interception of messages can be done under conditions like public emergency, defense, or maintenance of public order.
• The rule also mandates that telecommunication service providers cooperate with government authorities and provide necessary assistance for interception.

Changes as Compared to Rule 419A

• Scope of the Rule Enhanced: The condition of interception by authorised agencies only in ‘emergent cases’, has been relaxed.
  • Interception by authorised agencies is now possible if it is not feasible for the competent authority to issue orders in ‘remote areas or for operational reasons’. 
• Additional Authorisation: Under Rule 419A, there was no limit for the number of IGP rank officers at the State level who could be authorised for interception.
  • But now, in addition to the head of the authorised agency, only (one) the second senior most officer can be authorised for interception. 
• Define Time Frame: If not confirmed within seven days, any messages intercepted shall not be used for any purpose, including as evidence in court.

Source: TH