Govt can read your private e-mails, messages on your PC; here's all you need to know

The 'cyber and information security' division of the Ministry of Home Affairs on Thursday night issued a circular authorising 10 central agencies to intercept, monitor and decrypt all the data contained in any computer system. The order, issued under the authority of Home Secretary Rajiv Gauba, said a total 10 central probe and snoop agencies are now empowered under the Information Technology Act for computer interception and analysis.

"...the Competent Authority hereby authorises the following security and intelligence agencies for the purposes of interception, monitoring and decryption of any information generated, transmitted, received or stored in any computer resource under the said Act (section 69 of the IT Act, 2000)," said the official circular. Opposition parties have opposed the government's move, describing it unconstitutional, undemocratic and an assault on fundamental rights, but what does this really mean?

Which agencies are authorised to snoop any computer?

The agencies empowered with intercepting information on any computer system in the country include the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, the Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, the Research and Analysis Wing, Directorate of Signal Intelligence (in service areas of J-K, North East and Assam) and the Commissioner of Police, Delhi.

Also read: Securing your data on mobile phones

What is Section 69 of the Information Technology Act, 2000?

This particular section of the said Act empowers the Central or state government -- in the name of defence or security interests of the country - to intercept or monitor or decrypt any information that it deems "necessary or expedient to do in the interest of the sovereignty or integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offense."

The law also says the subscriber or "any person in-charge of the computer resource shall, when called upon by any agency which has been directed under sub-section, extend all facilities and technical assistance to decrypt the information". Those who fail to cooperate with the investigation agencies may get up to 7 years of jail.

Who else is empowered to sanction such orders?

The Union home secretary is also empowered to authorise or sanction the intelligence and security agencies for undertaking tapping and analysis of phone calls under the provisions of the Indian Telegraph Act.

What is the penalty for 'misrepresentation' to the investigating agencies?

According to the order, the subscriber or service provider or any person in charge of the computer resource will be bound to extend all facilities and technical assistance to the agencies. Under the Act, those making any misrepresentation or trying to hide facts from the agency may get jail term for up to two years or with fine up to Rs 1 lakh, or with.

What does the Opposition says on this?

The Congress, the CPI (M), the Samajwadi Party, the Rashtriya Janata Dal and the Trinamool Congress have opposed the order. Congress leader Anand Sharma said the order was against the right to privacy, which was a fundamental right. "The government has done it by stealth and we collectively oppose it. This gives unlimited powers to all these agencies to monitor every information that interest them and complete surveillance which is unacceptable in democracy," he said.

Samajwadi Party's Ram Gopal Yadav termed the order unconstitutional and said the present government should refrain from making such moves with just a few month left for the general elections. CPI(M) General Secretary Sitaram Yechury tweeted: "Why is every Indian being treated like a criminal? This order by a govt wanting to snoop on every citizen is unconstitutional and in breach of the telephone tapping guidelines, the Privacy Judgement and the Aadhaar judgement," he said.

Manoj Sharma with agency inputs