26 Apr 2022 Phone tapping
Phone tapping – Today Current Affairs
What is phone tapping and how is phone tapping done in India?
- Phone tapping refers to secretly listening or recording the conversation of a communication channel (especially a telephone) in order to obtain information. It is also known as ‘wiretapping’ or interception in some countries (mainly USA).
- Phone tapping can be done in an authorized manner only with the permission of the concerned department.
- Phone tapping, if done in an unauthorized manner, is illegal and may lead to criminal prosecution of the person responsible for breach of confidentiality.
- Article 21 of the Indian Constitution states that ‘no person shall be deprived of his life or his personal liberty’, in accordance with procedures established by law.
- A citizen has the right to privacy in relation to his family, education, marriage, motherhood, child and progeny, etc., apart from personal privacy.
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Who can do phone tapping?
At State Level:
- Police in the states have the right to tap the phone.
At the central level:
- Intelligence Bureau, Central Bureau of Investigation (CBI), Enforcement Directorate, Narcotics Control Bureau, Central Board of Direct Taxes, Directorate of Revenue Intelligence, National Investigation Agency, Research and Analysis Wing (RAW), Directorate of Signals Intelligence, Delhi Police Commissioner.
Laws governing phone tapping in India:
Indian Telegraph Act, 1885 : The Hindu Analysis
- As per Section 5(2) of the Act, phone tapping can be done by the Central or State Government in case of any public emergency or in the interest of public safety.
- This order can be issued if the Central or State Government is satisfied that “for the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or to prevent any offence, public security”, It is necessary to do so in the interest of.
Exception : The Hindu Analysis
- Press messages published in India by correspondents recognized by the Central Government or State Government shall not be intercepted, unless their transmission is prohibited under sub-section thereof.
- It is mandatory to inform the competent authority of the reasons for tapping in writing.
Authorization for phone tapping : The Hindu Analysis
- Provision for phone tapping has been made in section 419A of the Indian Telegraph (Amendment) Rules, 2007.
- Phone tapping in the case of the Central Government may be done under an order given by the Secretary, Ministry of Home Affairs, and Government of India.
- Phone tapping in case of State Government can be done under the order given by the Secretary of Home Department of the State Government.
In case of emergency : The Hindu Analysis
- In such a situation the order may be issued by an officer not below the rank of Joint Secretary of India and authorized by the Union Home Secretary or the Home Secretary of the State.
- In remote areas or for operational reasons, if it is not possible to obtain prior instructions, the call can be intercepted with the prior approval of the head or second senior most officer of the law enforcement agency authorized at the central level, as well as at the state level. But the authorized officer should not be below the rank of Inspector General of Police.
- It is mandatory to inform the competent authority about the order received, which can be approved or rejected within seven working days.
- If the confirmation from the Competent Authority is not received within the stipulated seven days, such interception will automatically terminate.
- It is noteworthy that in the year 2021, the Central Government notified the Indian Telegraph Right of Way (Amendment) Rules,
The treatment:
As a last resort : The Hindu Analysis
- The law stipulates that interception should be ordered only when there is no other way of obtaining information.
Renewal of Interception : The Hindu Analysis
- The interception instructions remain in force, but this permission is only valid for 60 days.
- The interception instruction can be changed, but cannot be extended beyond 180 days.
Required reason : The Hindu Analysis
- Any order issued by the Competent Authority must contain the necessary reasons, and a copy thereof must be forwarded to the Review Committee within seven working days.
- The committee at the Center is chaired by the Cabinet Secretary, with the Law and Telecom Secretaries as members.
- In the states, it is presided over by the Chief Secretary, with the Law and Home Secretaries as members.
- The Committee is expected to meet at least once in two months to review all interception requests.
Destroying Records : The Hindu Analysis
- Records relating to such instructions shall be destroyed every six months under the rules, unless they are or are not likely to be necessary for functional requirements.
- Service providers are also required to destroy records relating to interception instructions within two months of the interception shutdown.
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