Govt. ignored industry calls for phone surveillance safeguards, says RTI reply , Pg9
Government rejects industry calls for judicial oversight in phone tapping rules, raising concerns about accountability and potential misuse of surveillance powers.
The Union government did not include industry requests for increased accountability and judicial review in its phone and internet surveillance regulations.
Lawful interception in India is authorized by senior government officials without judicial oversight.
The Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024 were notified in December following the Telecommunications Act, 2023.
Industry feedback on the draft rules, obtained via RTI, reveals that many proposed safeguards were not adopted.
Detailed Insights:
The Telecommunications Act, 2023 replaced the previous Telegraph Act from the 19th century.
Vodafone Idea Ltd (VIL) suggested clearly defining the geographical jurisdiction of authorized agencies issuing interception orders, which was not incorporated.
Extreme Infocomm Ltd. and PRS Legislative proposed independent judicial or parliamentary review of interception orders, but this was also rejected.
The lack of clarity regarding the authority of state-level officials to request intercepts from other states remains ambiguous.
Key Concepts Involved:
Lawful Interception: The technical term for tapping phone and internet connections for calls and data.
Right to Information (RTI) Act: Legislation that provides citizens access to government-held information.
Telecommunications Act, 2023: The new parent law for telecommunications, replacing the Telegraph Act.