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Polity & Governance
Pradeep Kumar

25/07/21 11:00 AM IST

Surveillance laws in India

Context
  • An international group of news publications are reporting that a spyware known as Pegasus has been used to spy on politicians, journalists, and activists, primarily in 10 countries.
  • Reports from the grouping called the Pegasus Project, which includes The Wire in India, it suggest that in India, at least 40 journalists, Cabinet Ministers, and holders of constitutional positions were possibly subjected to surveillance. 
Surveillance laws
  • Section 5(2) of The Indian Telegraph Act, 1885, states that the government can intercept a “message or class of messages” when it is “in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence.
  • The operational process and procedures for it appear in Rule 419A of the Indian Telegraph Rules, 1951.
  • Rule 419A was added to the Telegraph Rules in 2007 after the verdict in the People’s Union for Civil Liberties (PUCL) vs Union of India case in 1996, in which the Supreme Court said telephonic conversations are covered by the right to privacy, which can be breached only if there are established procedures.
  • Under Rule 419A, surveillance needs the sanction of the Home Secretary at the Central or State level, but in “unavoidable circumstance” can be cleared by a Joint Secretary or officers above, if they have the Home Secretary’s authorisation.
  • Section 69 of the Information Technology Act and the Information Technology (Procedure for Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 were enacted to further the legal framework for electronic surveillance.
  • Under the IT Act, all electronic transmission of data can be intercepted.
  • So, for a Pegasus-like spyware to be used lawfully, the government would have to invoke both the IT Act and the Telegraph Act.
Source: The Hindu

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