DoT proposes to drop penalty clause; exempt demonstration, testing by central govt from new intercep

The Department of Telecom has proposed to drop the penalty clause on telecom entities for violation of interception norms under the draft rules.

The draft Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, issued on Wednesday, proposes to exempt demonstrations and testing of interception systems by the central government under new rule.

Under the proposed rules, the DoT has removed provisions related to fines and suspension of telecom licences for violation of licence conditions pertaining to maintenance of secrecy, confidentiality of information and unauthorised interception of communications.

The new rules, however, proposes to mandate telecom entities involved in the process of interception to ensure that "adequate and effective internal safeguards are implemented to prevent any unauthorised interception of messages" and "confidentiality and secrecy is maintained in the matter of interception of messages".

"The telecommunication entity shall be responsible for any action of its employees, including its vendors, that results in any unauthorised interception, or any violation of these rules," the draft notification said.

The interception notification issued in 2007 under the Indian Telegraph Act mandated telecom entities involved in the process to take utmost care and precaution as interception of messages affects the "privacy of citizens".

The draft notification exempts the demonstration and testing of interception systems.

"Nothing in these rules shall apply to the demonstration and testing of lawful interception systems and monitoring facilities that the Central Government may require telecommunication entities to put in place," the draft said.

The DoT has retained the process of issuing interception as it was implemented earlier under the proposed rules.

The draft notification states that the union home secretary or state home secretary will have the power to issue an interception order and in unavoidable circumstances, a joint secretary level officer at the Centre may be authorised to issue the order.

In case of remote areas or for operational reasons where competent authority -- be it union home secretary or state home secretary or the designated joint secretary level officer, is unable to issue an order, an Inspector General of Police level officer will be authorised to issue the interception order.

However, a copy of the interception order issued by an IG-level officer will have to be submitted to the competent authority within three working days and if the competent authority will have to approve it within seven working days if they find it appropriate.

"If the competent authority does not confirm such interception order within seven working days from the date of issue, such interception shall forthwith cease, any messages intercepted shall not be used for any purpose, including as evidence in a court of law and copies of messages intercepted pursuant to such order shall be destroyed within two working days," the draft said.

The interception order will be valid only for 60 calendar days which may be renewed for a further period. However, no interception order shall remain in force for more than 180 calendar days.

"Records pertaining to an interception order and of intercepted messages shall be destroyed by the competent authority and the authorised agency every six months unless these are, or likely to be, required for functional requirements," the proposal said.

The DoT and telecom operator will have to destroy records pertaining to an interception order within two months of discontinuance of interception.

Like the earlier practice, the new rule mandated the setting up of a review committee under the Cabinet Secretary at the Centre and a review committee under the chief secretary at the state level.

The review committee will have to meet every 2 months to review the interception order and set aside such order and order for destruction of the copies of the intercepted message or class of messages that were not intercepted as per the rule.