Telecommunications Rules, 2024

News: Recently, the Union Government had notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024. 

About the Telecommunication Rules, 2024 

• These rules empower some enforcement and security agencies to intercept phone messages under certain conditions, superseding Rule 419A of the Indian Telegraph Rules, 1951. 

Key Provisions: 

• Competent Authority: Authorise the Union Home Secretary and State Home Secretaries as competent authority to intercept messages. 
  • Officers not below the rank of Joint Secretary authorised by central government may also intercept messages in unavoidable circumstances. 
  • Central Government can authorise any law enforcement or security agency to intercept messages for reasons specified under the Telecommunications Act, 2023. 
• Remote areas/ Operational reasons: In remote areas or for operational reasons, the head or second senior most officer of the authorised agency (at the central or state level) may allow interception, provided the competent authority confirms it within seven working days. 
• Storage of data: The rules provide for destruction of interception related records every six months, unless required for functional or legal reasons. 

New Features:

• Interception is not just limited to emergent cases but can also occur in remote areas or for operational reasons. 
• The new rules specify the number of IGP rank officers at the state level that are authorised to intercept messages. 
• The intercepted message will not be used for any purpose (including as evidence in court) if the interception order is not confirmed by authorised agency within seven days. 

Concerns:

• Lack accountability for willful misuse of interception powers 
• No punitive actions specified if the authorised agency abuses the power of interception for up to seven days, before the confirmation by competent authority.