New Interception Rules and Safeguards

Source: The post New Interception Rules and Safeguards has been created, based on the article “What are the new interception rules and safeguards?” published in “The Hindu” on 23rd December 2024

UPSC Syllabus Topic: GS 2- Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.

Context: The article addresses the new interception rules under the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, notified by the Union Government of India. These rules replace the longstanding Rule 419A of the Indian Telegraph Rules, 1951, which governed lawful interception of messages.

What are the new Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024?

1. These rules were notified by the Union Government on December 6, 2024.
2. They empower certain enforcement and security agencies to intercept messages under specific conditions.
3. These rules supersede Rule 419A of the Indian Telegraph Rules, 1951.

Who is authorized to issue interception orders?

1. Competent Authorities: The Union Home Secretary and the Secretary of the State government’s Home Department.
2. In ‘Unavoidable Circumstances’: An officer not below the rank of Joint Secretary to the Union Government may issue interception orders.
3. In Remote Areas or Operational Reasons: The head or the second senior-most officer of an authorised agency at the central level. The head or the second senior-most officer of the authorised agency at the State level (not below the rank of IG Police).

What conditions apply to interception orders?

1. Interception orders issued due to operational reasons must be submitted to the competent authority within three working days.
2. If the competent authority does not confirm the order within seven working days, the interception must cease.
3. Interception records must be destroyed every six months unless needed for functional requirements or court orders.

How do the new rules differ from Rule 419A?

1. Relaxation of Conditions: Interception is now allowed in ‘remote areas or for operational reasons’, not just ‘emergent cases.’
2. Limitation of Officers Authorized at the State Level:
   1. Only the head and second senior-most officer of the authorised agency can issue orders.
   2. Under Rule 419A, there was no limit on the number of IGP-rank officers authorised for interception.
3. Unused Interception Data: Messages intercepted without confirmation within seven days cannot be used for any purpose, including as evidence in court.

What legal precedents influenced the framing of these rules?

1. The Supreme Court’s decision in People’s Union for Civil Liberties (PUCL) vs. Union of India and Another (1996):
   • Defined ‘public emergency’ and ‘public safety.’
   • Emphasized that privacy rights must be protected with just, fair, and reasonable safeguards.
2. Rule 419A was introduced in 2007 following the Supreme Court’s directions in the same case.

What are the concerns regarding the new rules?

1. Relaxed Safeguards:
   1. The removal of ‘emergent cases’ as a prerequisite for interception by authorised agencies lacks additional checks.
2. Accountability Issues:
   1. The rules do not specify punitive actions for misuse of interception powers.
   2. No provisions to address potential abuse of interception powers during the seven-day window before confirmation.