DoT Proposes Changes to Telecom Interception Rules, Exempts Government Testing

The Department of Telecom (DoT) has suggested removing penalties for telecom companies that breach interception norms in its draft rules. The draft Telecommunications Procedures and Safeguards for Lawful Interception of Messages Rules, 2024, issued on Wednesday, proposes to exempt demonstrations and testing of interception systems by the central government under new rule.

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Exemptions and Responsibilities

The draft notification exempts the demonstration and testing of interception systems. "Nothing in these rules shall apply to the demonstration and testing of lawful interception systems and monitoring facilities that the Central Government may require telecommunication entities to put in place," the draft said. However, telecom entities must ensure adequate internal safeguards to prevent unauthorised interceptions.

The DoT has retained the process of issuing interception orders as it was implemented earlier. The union home secretary or state home secretary will have the power to issue an interception order. In unavoidable circumstances, a joint secretary level officer at the Centre may be authorised to issue the order.

Interception Order Validity

Interception orders will be valid for 60 days and can be renewed but cannot exceed 180 days in total. Records related to interception orders must be destroyed every six months unless needed for functional requirements. The DoT and telecom operators must destroy records within two months after discontinuance of interception.

In remote areas or for operational reasons where competent authorities cannot issue an order, an Inspector General of Police (IG) level officer will be authorised to issue the interception order. A copy of this order must be submitted to the competent authority within three working days and approved within seven working days.

Review Committees

The new rule mandates setting up a review committee under the Cabinet Secretary at the Centre and another under the chief secretary at the state level. These committees will meet every two months to review interception orders. They can set aside orders and mandate destruction of intercepted messages not compliant with rules.

If the competent authority does not confirm an IG-level officer's order within seven working days, the interception must cease immediately. Any intercepted messages cannot be used as evidence in court and must be destroyed within two working days.

Internal Safeguards

Telecom entities involved in interception processes must implement effective internal safeguards to maintain confidentiality and prevent unauthorised interceptions. They are responsible for any actions by their employees or vendors that result in violations.

The draft notification states that telecom entities involved in interception must take utmost care as it affects citizens' privacy. The 2007 notification under the Indian Telegraph Act mandated this precaution.

The proposal also includes that records related to intercepted messages should be destroyed by both competent authorities and authorised agencies every six months unless required for functional purposes.

The draft rules aim to balance national security needs with citizens' privacy rights while ensuring telecom entities adhere to strict internal safeguards against unauthorised interceptions.