Why in News
The Union Government notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024 on December 6, which empower certain enforcement and security agencies to intercept phone messages under specific conditions.
What Do the New Rules State?
The rules authorize the Union Home Secretary or the Secretary of the State's Home Department to order message interception.
A Joint Secretary can issue an interception order in "unavoidable circumstances" (without defining what constitutes such circumstances).
Law enforcement agencies can intercept messages for reasons specified under the Telecommunications Act, 2023.
In remote areas or for operational reasons, senior officers can issue orders but must submit them to the competent authority within three working days.
Interceptions must be confirmed within seven days; if not, they must cease and cannot be used as evidence.
Records of interceptions must be destroyed every six months unless required by courts or for operational reasons.
How Are the New Rules Different?
The relaxation of the condition for interception in "emergent cases" now allows interception without the competent authority's approval in remote areas or operational reasons.
The number of officers allowed to authorize interception at the state level is now limited to the head of the agency and the second senior-most officer (formerly no limit).
If interception isn't confirmed within seven days, the messages cannot be used for any purpose, including as evidence in court.
What Are Concerns About New Rules?
The rules lack clear accountability for the misuse of interception powers, especially before confirmation by the competent authority.
There's no provision for punitive actions if interception powers are abused, which could lead to potential misuse.
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