Telecommunications Interception Rules 2024

Sub : Polity

Sec: Legislation in news

Why in News

The Union Government notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024 on December 6, 2024. These rules empower enforcement and security agencies to intercept communications under certain conditions and replace Rule 419A of the Indian Telegraph Rules, 1951.

Provisions of the New Rules:

Union Home Secretary and the State Home Secretary are designated as competent authorities to approve interception.
In “unavoidable circumstances,” an officer not below the rank of Joint Secretary can also issue interception orders.
The Central Government may authorise law enforcement or security agencies to intercept messages under Section 20(2) of the Telecommunications Act, 2023.
Heads or second senior-most officers (not below IG rank) of authorised agencies can issue interception orders in remote areas or due to operational reasons.
Orders must be submitted to the competent authority within three working days for confirmation.
If unconfirmed within seven working days, interception must cease, and the intercepted data cannot be used.
Agencies must destroy interception records every six months unless required for functional or legal purposes.

Major Differences from Rule 419A:

The earlier requirement of “emergent cases” has been relaxed. Interception is now allowed for remote areas or operational reasons if competent authority approval is not immediately feasible.
Unlike Rule 419A, which allowed unlimited IGP-level officers for interception, the new rules restrict this to the head and second senior-most officer of authorised agencies.
If an interception order is not confirmed within seven days, intercepted data cannot be used for any purpose, including court evidence.

Historical Context:

The Indian Telegraph Act, 1885, empowered the government to regulate interception, but safeguards were not introduced until 2007, following Supreme Court directions in PUCL vs. Union of India (1996).
The court emphasised that privacy is a fundamental right, requiring safeguards that are just, fair, and reasonable to prevent arbitrary curtailment.

Interception:

Interception refers to the act of monitoring, capturing, or accessing communications such as telephone calls, text messages, emails, or other forms of digital communication without the sender’s or recipient’s knowledge.
It is typically conducted by governments, security agencies, or authorised organisations for various purposes, including national security, crime prevention, and public safety.
Purpose:
- To address threats like terrorism, espionage, or organised crime.
- To maintain public order, national security, and law enforcement.
Technological Methods: Involves advanced tools like wiretapping, packet sniffing, and network surveillance software to access communication data.