The Department of Telecommunications on August 28th 2024 issued the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024. These rules under the Telecommunications Act, 2023, that will govern the lawful interception of communications. They are designed to ensure that the interception of messages is carried out in a regulated, transparent, and accountable manner
1. Introduction to the New Rules
These rules aim to replace the outdated provisions of Rule 419 and 419A of The Indian Telegraph Rules, 1951. They come into force upon their publication in the Official Gazette but will not affect existing interception orders until their specified expiry.
2. Key Definitions
Understanding the terminology used in these rules is crucial:
- Authorised Agency: Refers to law enforcement or security agencies designated by the Central Government for intercepting messages.
- Competent Authority: In the case of the Central Government, this is the Union Home Secretary, and for State Governments, it is the Secretary in charge of the Home Department.
- Interception Order: An official order issued under the provisions of the Act authorizing the interception of messages.
- Review Committee: A committee established to ensure compliance with the rules and to review interception orders.
3. Procedures for Intercepting Messages
The proposed rules set out a structured approach for issuing and executing interception orders:
- Issuance of Orders: The Central Government can designate authorised agencies for interception. Orders may be issued by the competent authority or, in emergency situations, by a senior officer of the authorised agency.
- Confirmation of Orders: Orders issued in emergent situations must be confirmed by the competent authority within seven days. If not confirmed, the interception must cease immediately, and any intercepted messages must be destroyed within two days.
- Record Maintenance: Detailed records of intercepted messages and related activities must be maintained securely. These records must be destroyed periodically, except where they are needed for ongoing investigations or legal proceedings.
4. Implementation of Interception Orders
The implementation of interception orders involves several key steps:
- Designation of Nodal Officers: Each authorised agency and telecommunication entity must appoint nodal officers responsible for handling interception orders.
- Acknowledgement and Reporting: The telecommunication entity must acknowledge receipt of interception orders within two hours and provide fortnightly reports on the orders received.
- Responsibility: The telecommunication entity is held accountable for any unauthorized interception or violations of the rules by its employees or vendors.
5. Review Mechanism
To ensure that interception orders are used appropriately and in accordance with the law:
- Central Review Committee: Comprises the Cabinet Secretary, Secretary of Legal Affairs, and Secretary of Telecommunications. It meets every two months to review interception orders and their compliance.
- State Review Committee: Includes the Chief Secretary, Secretary of Legal Affairs, and another senior Secretary. It performs similar functions at the state level.
- Oversight and Compliance: The review committees can set aside orders that do not comply with the Act and mandate the destruction of intercepted message copies if necessary.
6. Public Consultation:
The draft rules are open for public feedback. Individuals and organizations can submit objections or suggestions to the Joint Secretary (Telecom), Department of Telecommunications, within 30 days of the notification’s publication. (September 27th 2024).
Conclusion
The Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, represent a significant step towards modernizing the legal framework for message interception in India. By introducing clear procedures, robust oversight mechanisms, and stringent safeguards, these rules aim to balance the need for security with the protection of individual privacy rights.
