Daily Current Affairs : 23-December-2024
The Indian government recently notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, outlining the procedures for the lawful interception of communications in the country. These rules are a part of the broader framework established under the Telecommunications Act, 2023, and are designed to balance the needs of national security and public safety with the protection of citizens’ privacy.
Key Features of the 2024 Interception Rules
Competent Authorities for Authorization
Under the new rules, the Union Home Secretary and State Home Secretaries are designated as the primary authorities responsible for authorizing interception orders. However, in cases of urgency, Joint Secretary-level officers are permitted to authorize interceptions in “unavoidable circumstances.”
- Union and State Home Secretaries: Competent authorities for interception authorization.
- Joint Secretary-level officers: Can authorize interception in emergencies.
Agency Authorization
The central government has the power to authorize various law enforcement or security agencies to conduct interceptions under Section 20(2) of the Telecommunications Act, 2023. This ensures that agencies can take action to protect national security and public order.
- Central Government: Can authorize law enforcement agencies to carry out interceptions.
- Specific Conditions: Interceptions must be for lawful purposes, ensuring accountability.
Emergency Provisions
In special cases, such as in remote areas or for operational reasons, the heads or second senior-most officers (of IGP rank or higher) of authorized agencies can issue interception orders. These orders must be confirmed within seven working days to remain valid.
- Heads of agencies can issue orders in emergencies.
- Confirmation requirement: Interception orders must be confirmed within seven days.
New Features in the 2024 Rules
Expanded Grounds for Interception
The new rules have expanded the grounds under which interception can take place. Interceptions are no longer limited to emergent cases; they can now occur in remote areas or for specific operational reasons, providing greater flexibility to security agencies.
- Broader grounds for interception beyond emergent cases.
Limits on Officers’ Authority
To maintain checks and balances, the new rules restrict who can authorize interceptions. At the state level, only the head of the agency and the second senior-most officer (such as an IGP) can grant interception orders. This ensures that interception orders are issued with sufficient oversight.
- Only senior officers (IGP or above) can authorize interceptions.
Data Retention and Destruction
The rules specify that intercepted records must be destroyed every six months, unless they are needed for legal or functional purposes. This provision helps ensure that interception data is not retained longer than necessary, protecting privacy.
- Six-month destruction: Interception records must be destroyed every six months.
Accountability for Non-Confirmation
One of the key safeguards in the new rules is that interception orders not confirmed within seven days will be considered invalid and cannot be used as evidence in any legal proceedings. This ensures accountability and prevents misuse of interception orders.
- No use as evidence: Orders not confirmed within seven days cannot be used in court.
Important Points:
- Competent Authorities:
- Union Home Secretary and State Home Secretaries authorize interceptions.
- Joint Secretary-level officers can authorize interceptions in emergencies.
- Agency Authorization:
- The Central Government can authorize law enforcement and security agencies to intercept communications under the Telecommunications Act, 2023.
- Emergency Provisions:
- In remote areas or for operational reasons, agency heads or senior officers (IGP rank or above) can issue interception orders, subject to confirmation within 7 working days.
- Data Retention and Destruction:
- Interception records must be destroyed every 6 months unless required for legal or functional purposes.
- Expanded Grounds for Interception:
- Interceptions can now occur for reasons beyond emergent cases, including remote areas and operational needs.
- Limits on Officer Authority:
- Only the head and the second senior-most officer (IGP rank or above) at the state level can authorize interception orders.
- Accountability for Non-Confirmation:
- Orders not confirmed within seven days cannot be used as evidence in court.
- Relaxed Procedure for Agencies:
- Agencies have greater flexibility to issue interception orders without immediate approval, with post-facto confirmation required.
Why In News
The Indian government recently notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, which outline the procedures and safeguards for the lawful interception of communications, aiming to balance national security needs with the protection of citizens’ privacy rights.
MCQs about Overview of the Telecommunications Interception Rules, 2024
-
Who can authorize interception orders under the new rules?
A. Only the Prime Minister
B. Union Home Secretary and State Home Secretaries
C. Only the Chief Minister
D. Any law enforcement officer
-
What is the maximum time allowed for confirming an emergency interception order?
A. 3 working days
B. 5 working days
C. 7 working days
D. 10 working days
-
Who can authorize interception orders at the state level?
A. Only the Director General of Police
B. The head of the agency and the second senior-most officer (IGP rank or above)
C. Any officer of the rank of constable
D. Joint Secretary-level officers
-
What happens to intercepted records under the new rules?
A. They are stored indefinitely.
B. They must be destroyed after one year.
C. They must be destroyed after six months unless needed for legal reasons.
D. They are stored for five years for security purposes.
-
What new grounds for interception have been introduced under the 2024 rules?
A. Only during war situations
B. In remote areas or for operational reasons
C. Only for national security threats
D. Only for investigating organized crime
Boost up your confidence by appearing our Weekly Current Affairs Multiple Choice Questions
