Centre has notified new rules under Telecommunications Act, 2023, replacing Rules 419 and 419A of the Indian Telegraph Rules, 1951.

Key Highlights of the Rules 

• Power to issue order: 
  • Competent Authority: Union Home Secretary (or Home Secretary at state government level) or an officer, not below the rank Joint Secretary with proper authorization.
  • Authorised Agency: Any other agency as authorised by Central Government.
  • For remote areas or operational needs:  Orders could be issued by the Head or second senior most officer of the authorised agency (at Central or State level)
• Interception Duration: Orders are valid for 60 days and extendable up to 180 days.
• Obligations relating to Interception: Authorized agencies must appoint two nodal officers to communicate interception orders to the DoT nodal officer or the telecom entity’s nodal officer.
• Safeguard Mechanisms: 
  • Review committee: A Central Review Committee (led by the Cabinet Secretary) and State Review Committees ensure bi-monthly reviews of interception orders to ensure compliance.
  • Destruction of records:  Interception records must be destroyed every six months, unless required for functional requirements or court directions.

Key concerns 

• Increased discretionary powers with limited supervision. 
• No judicial or parliamentary oversight, relying solely on executive review. 
• Exemption for testing interception systems by the government may enable unchecked surveillance.

Judicial Pronouncement on Power of interception Telecommunications Act, 2023: During ‘public emergency’ or in the ‘interest of public safety’, Government may intercept messages on certain grounds (Refer infographics). People‘S Union For Civilliberties (PUCL) Vs. Union of India And Another (1996): Supreme Court held that expression "public safety" means the state or condition of freedom from danger or risk for the people at large, when either of these two conditions are not in existence, telephone tapping cannot be resorted.