Govt releases fresh rules for phone interception, IG-level officers can issue orders

New Delhi: The government has notified new rules for phone interception and has authorised officers not below the rank of inspector general of police at the state-level to issue interception orders in cases of emergency.

However, if the competent authority does not confirm such interception order within seven working days from the day the order was issued in cases of emergency, the messages intercepted will not be allowed to be used for any purpose and the copy of the messages will have to be destroyed within two working days, as per notification published on December 6 by the Department of Telecommunications.

“Where it is not feasible for the competent authority… to issue an interception order in remote areas or for operational reasons, then the interception order may be issued by the head or the second seniormost officer of the authorised agency at the central level, and head or the second senior most officer of the authorised agency not below the rank of inspector general of police at the state,” the notification said.

The Union Home Secretary in the Ministry of Home Affairs in the case of the central government, or the secretary to the state government in-charge of the home department in the case of a state government will be competent authority as per the notification.

“…in unavoidable circumstances, such order may be made by an officer, not below the rank of a joint secretary to the central government, who has been duly authorised for this purpose by the competent authority,” the notification said.

Any interception order confirmed by the competent authority will have to be submitted to the relevant review committee at the central or state-level within seven working days from the date of issuance or confirmation.

The review committee at the central level will be chaired by cabinet secretary and it will include law secretary and telecom secretary as its members.

At the state level, the chief secretary will chair the review committee, which will comprise state law secretary and a secretary to the state government, along with the home secretary.