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Government issues new guidelines for phone interceptions. Here are the do’s and don’ts

Government issues new guidelines for phone interceptions. Here are the do’s and don’ts

As per the notification, in the case of the Union government, the competent authority will be the Union Home Secretary in the Ministry of Home Affairs, and, in the case of the state government, it shall be the secretary of that state government who is handling the home department. 

Business Today Desk
Business Today Desk
  • Updated Dec 8, 2024 10:44 AM IST
Government issues new guidelines for phone interceptions. Here are the do’s and don’ts Any interception order confirmed by the competent authority shall be submitted to the review committee at the central or state level within seven working days of its issuance or confirmation. 

The government has issued new guidelines for phone interceptions, allowing officers of at least the rank of inspector general of police at the state level to issue interception orders in emergency situations. 

However, if the competent authority does not confirm the interception order within seven working days from its issuance, the intercepted messages cannot be used for any purpose. In such cases, the messages must be destroyed within two working days, according to a notification issued by the Department of Telecommunications on December 6. 

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The notification also states that if the competent authority cannot provide an interception order in a remote area or due to operational reasons, the interception order can be given at the central level by the head or the second in command of the relevant agency, or by the head or the second in command at the state level so long as he or she is not lower in rank than an inspector general of police. 

As per the notification, in the case of the Union government, it will be the Union Home Secretary in the Ministry of Home Affairs, and, in the case of the state government, it shall be the secretary of that state government who is handling the home department. 

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In exceptional circumstances, the order may be issued by an officer not below the rank of joint secretary to the central government if authorized by the competent authority. 

Any interception order confirmed by the competent authority shall be submitted to the review committee at the central or state level within seven working days of its issuance or confirmation. 

The central-level review committee is to be headed by the cabinet secretary and will also include the law secretary as well as the telecom secretary. At the state level, the review committee headed by the chief secretary includes the state law secretary along with a secretary to the state government and the home secretary. 

Published on: Dec 8, 2024 10:44 AM IST
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