Govt Releases New Rules For Phone Interception: Know All Details Here

The Indian government has introduced new rules for phone interception, granting officials at the rank of Inspector General (IG) of Police or higher the authority to issue interception orders in emergencies. The move aims to streamline and strengthen the process of phone surveillance, while also introducing safeguards to protect privacy.

IG-Level Officers Empowered to Issue Emergency Orders
As per the new rules notified on December 6 by the Department of Telecommunications, officers not below the rank of Inspector General of Police at the state level can now authorize phone interceptions during emergencies. This is a shift from previous regulations where higher authorities were required for such orders. However, these orders will need to be confirmed by the competent authority within seven working days; otherwise, intercepted messages will be deemed inadmissible and must be destroyed within two working days.

Safeguards and Timely Review of Interceptions
The new notification stipulates that any phone interception order must be reviewed by a competent authority within a set timeframe. If the order is not confirmed by the competent authority within seven days, the messages intercepted cannot be used for any purpose. The notification also mandates that the intercepted messages be destroyed within two working days if not confirmed.
In cases where it is difficult for the competent authority to issue orders in remote areas or for operational reasons, the head or second senior-most officer of an authorized agency at the central level or at the state level (not below the rank of IG) can issue the interception order.

Competent Authorities and Review Committees
The competent authority for intercepting phone communications at the central level will be the Union Home Secretary or a designated official in the Ministry of Home Affairs. At the state level, the authority will lie with the secretary in charge of the state government’s home department. In exceptional circumstances, an officer not below the rank of Joint Secretary to the central government may be authorized to issue an order, provided the competent authority has approved.

Both central and state-level review committees are being established to ensure accountability. At the central level, the committee will be chaired by the Cabinet Secretary, with members including the Law Secretary and Telecom Secretary. The state-level review committee will be chaired by the Chief Secretary, including the State Law Secretary, a secretary to the state government, and the Home Secretary.