IT Act Empowers Centre of Lawful Interception of Messages: Govt tells Parliament

While replying to a question in Lok Sabha on tapping of WhatsApp calls & messages, Ministry of Home Affairs (MHA) said that Sections of Information Technology Act & Indian Telegraph Act empowers the government of lawful interception of messages.

Ministry of Home Affairs said, "Section 69 of the Information Technology Act, 2000 empowers the central govt or a state govt to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted, any information generated, transmitted, received or stored in any computer resource in the interest of the sovereignty or integrity of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence".

MHA added, "Section 5 of the Indian Telegraph Act, 1885 empowers lawful interception of messages on occurrence of public emergency or in the interest of public safety. This power of interception is to be exercised as per provisions of law, rules & Standard Operating Procedure (SOP). Each such case is approved by the Union Home Secretary, in case of central government; & by Home Secretary of the state concerned, in case of a state Govt".

The competent authority in the Central Govt. has authorised 10 agencies for this purpose - Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, Cabinet Secretariat (RAW), Directorate of Signal Intelligence (For service areas of Jammu & Kashmir, North East & Assam only) & Commissioner of Police, Delhi.

Ministry of Home Affairs also stated that any interception or monitoring or decryption of any information from any computer resource can be done only by these authorised agencies as per the due process of law, & subject to safeguards as provided in the rules & SOP.

Ministry of Home Affairs said, "There is no blanket permission to any agency for interception or monitoring or decryption & permission from competent authority is required, as per the due process of law & rules, in each case. Each case is also reviewed by a committee Chaired by the Cabinet Secretary in case of Central Govt & Chief Secretary of the State concerned in case of a State Govt".

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