The government has introduced new rules governing phone interception, granting officers not below the rank of Inspector General of Police at the state level the authority to issue interception orders in emergencies. These orders must be confirmed by the competent authority—either the Union Home Secretary or the state's home department secretary—within seven working days. If confirmation is not provided, intercepted messages must be destroyed within two working days, as per notification published on December 6 by the Department of Telecommunications, PTI reported.
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Safeguards for Remote and Operational Challenges
"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.
As per the notification, the competent authority will be the Union Home Secretary (Ministry of Home Affairs) for the central government, or the state government's Home Department Secretary for state governments.
In cases where issuing an order is difficult in remote areas or due to operational challenges, senior officers at the central or state level may authorise the interception. The minimum rank for such orders is Inspector General of Police or its equivalent.
"...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.
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Mandatory Review and Accountability Mechanisms
All confirmed interception orders must be submitted to a review committee within seven working days. At the central level, the committee will be chaired by the Cabinet Secretary, with the Law and Telecom Secretaries as members. At the state level, the review committee will be led by the Chief Secretary, including the State Law Secretary and the Home Secretary.
The rules aim to streamline interception processes while ensuring accountability and oversight.
