Phone Tapping: Government issues new notification regarding phone interception i.e. phone tapping in the country, who will have the authority to issue orders?

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The government has issued new rules for phone interception. Under the new rule, Inspector General of Police (IG) and officers of higher rank at all state levels of the country can issue orders for phone interception in emergency cases. Under the new rule, these officers have been given powers by the government. A notification was issued by the Department of Telecommunications regarding this.

The notification also said that the officer who issues the order in emergency cases must confirm such orders within seven working days. If the officer does not confirm such an order, the intercepted messages cannot be used for any purpose.

Permission will not be given to use those messages without its confirmation. The new rule also states that the copy of any messages during interception must be deleted or destroyed within two days.

Who will give the order if there is no officer in the state?

According to the notification issued, where the competent officer is not in a position to issue the order in remote areas, the interception order will be issued by the officers of the central level agencies.

In the absence of his presence, the head of the agency or the most senior officer of the second level will have the right to issue the interception order. According to the new order, the head of the state agency or the second most senior officer, who is not below the IG range officers, can also issue such an order. In the case of the central government, the Union Home Secretary in the Ministry of Home Affairs or the Secretary in charge of the Home Department in the case of the state government will have the right to take such a decision.

In the phone interception case, the review committee at the central level will be headed by the Cabinet Secretary. Whereas, its members will be the Law and Telecommunication Secretary. At the state level, the Chief Secretary will head the review committee, in which the State Law and State Government Secretaries will handle their responsibilities along with the Home Secretary.