The government has introduced new regulations on phone interception, empowering officers of at least the rank of Inspector General of Police at the state level to issue interception orders during emergencies. These orders must receive confirmation from the competent authority—either the Union Home Secretary or the state’s Home Department Secretary—within seven working days. If not confirmed, the intercepted messages must be destroyed within two working days, as outlined in a notification from the Department of Telecommunications on December 6.
Provisions for Remote and Operational Challenges
The notification states that in scenarios where the competent authority cannot issue an interception order due to remoteness or operational constraints, the responsibility may fall to the head or the second seniormost officer of the authorised agency. At the state level, this officer must hold a rank no lower than Inspector General of Police, while at the central level, the equivalent rank applies.
The Union Home Secretary (Ministry of Home Affairs) will act as the competent authority for the central government, and the Home Department Secretary will serve in this role for state governments.
Mandatory Review and Oversight
To ensure accountability, all interception orders must be submitted to a review committee within seven working days of confirmation. At the central level, this committee will be chaired by the Cabinet Secretary, with the Law Secretary and Telecom Secretary as members. At the state level, the Chief Secretary will lead the committee, joined by the State Law Secretary and the Home Secretary.
The new rules aim to balance operational efficiency in emergencies with stringent oversight and accountability measures.
