The recent notification from the Department of Telecommunications outlines new rules for how interception orders, which are used to monitor communications in emergencies, can be issued. Under these rules, only authorised officers with a rank of inspector general of police or higher can issue these orders at the state level. If an emergency order is given, it must be confirmed by the proper authorities within seven working days. If this doesn’t happen, any intercepted messages cannot be used and must be destroyed within two days.
In situations where it's difficult for authorities in remote areas to issue an order, the head officer or the next highest-ranking officer of the authorised agency at the centre or the head officer or the next highest-ranking officer of the authorised agency not below the rank of inspector general of police at the state can step in to do so.
Who is authorised agency to issue phone interception order
Depending on whether it's the central or state government, different officials will be responsible for confirming these orders. For the central government, it's the Union Home Secretary, while for state governments, it's the home department secretary.
If there are unavoidable circumstances, a joint secretary to the central government, who has been authorised by the competent authority, may also issue an order.
Review of the interception order
Once an order is confirmed, it must be reviewed by a committee within seven days. At the national level, this committee is led by the cabinet secretary and includes the secretaries for law and telecommunications. At the state level, the review committee is chaired by the chief secretary and includes the state law secretary, a secretary from the state government, and the home secretary.
ALSO READ: Reliance Jio breaks records in 5G, India leaps ahead of many nations
