[06th
December 2024] G.S.R. 754(E).-Whereas a
draft of the Telecommunications (Procedures and Safeguards for Lawful
Interception of Messages) Rules, 2024, which the Central Government proposes to
make in exercise of the powers conferred by clause (a) of sub-section (2) and
sub-section (4) of section 20 read with clauses (t) and (u) of sub-section (2)
of section 56 of the Telecommunications Act, 2023 (44 of 2023), was published
as required by sub-section (1) of section 56 of the said Act vide notification
of the Government of India in the Ministry of Communications, Department of
Telecommunications number G.S.R. 522(E), dated the 28th August, 2024, in the
Gazette of India, Extraordinary, Part II, section 3, sub-section (i), dated the
28th August, 2024, inviting objections and suggestions from the persons likely
to be affected thereby, before the expiry of the period of thirty days from the
date on which the copies of the Official Gazette containing the said
notification were made available to the public; (1)
These rules may be called the
Telecommunications (Procedures and Safeguards for Lawful Interception of
Messages) Rules, 2024. (2)
They shall come into force on the date of
their publication in the Official Gazette. (1)
In these rules, unless the context otherwise
requires, - (a)
"Act" means the Telecommunications
Act, 2023 (44 of 2023); (b)
"authorised agency" means the law
enforcement or security agency authorised by the Central Government for the
purposes of these rules; (c)
"competent authority" means the
Union Home Secretary in the Ministry of Home Affairs in the case of the Central
Government, or the Secretary to the State Government in-charge of the Home
Department in the case of a State Government; (d)
"interception order" means an order
for interception of a message or class of messages under clause (a) of
sub-section (2) of section 20 of the Act, issued under rule 3 of these rules; (e)
"review committee" means the committee
constituted under rule 5 of these rules; and (f)
"telecommunication entity" shall
have the same meaning as assigned to it in clause (g) of sub-rule (1) of rule 2
of the Telecommunications (Telecom Cyber Security) Rules,2024. (2)
Words and expressions used in these rules and
not defined herein but defined in the Act shall have the meanings respectively
assigned to them in the Act. (1)
The Central Government may, by an order,
specify one or more authorised agencies to intercept or receive any message or
class of messages pursuant to an interception order, for the reasons specified
under sub-section (2) of section 20 of the Act. (2)
The competent authority may, through an
interception order, direct interception of any message or class of messages: Provided
that in unavoidable circumstances, such order may be made by an officer, not
below the rank of a Joint Secretary to the Central Government, who has been
duly authorised for this purpose by the competent authority. (3)
Where it is not feasible for the competent
authority or such other officer specified under the proviso to subrule (2) to
issue an interception order in remote areas or for operational reasons, then
the interception order may be issued by the head or the second senior most
officer of the authorised agency at the Central level, and head or the second
senior most officer of the authorised agency not below the rank of Inspector
General of Police at the State level, and the following provisions shall apply
in such cases, - (a)
a copy of such interception order shall be
submitted within three working days of the date of its issuance to the
competent authority, and the competent authority shall, if it considers
appropriate, confirm such order within a period of seven working days from the
date of issue; (b)
if the competent authority does not confirm
such interception order within seven working days from the date of issue – (i)
such interception shall forthwith cease; (ii)
any messages intercepted shall not be used
for any purpose, including as evidence in a court of law; and (iii)
copies of messages intercepted pursuant to
such order shall be destroyed within two working days, and confirmation of the
same shall be submitted in writing to the competent authority. (4)
In case of non-confirmation of interception
orders by the competent authority under sub-rule (3), the same message or class
of messages shall not be intercepted by the authorised agency, without an
interception order by the competent authority. (5)
Any interception order issued under sub-rule
(2) or confirmed by the competent authority under sub-rule (3) shall be
submitted to the relevant review committee at the Central or State level within
a period of seven working days from the date of issuance or confirmation, as
the case may be. (6)
No interception order under sub-rule (2) or
(3) shall be made unless the authority issuing such order has considered that
it would not be possible to acquire the necessary information by any other reasonable
means. (7)
The interception pursuant to an interception
order shall be related to the interception of any message or class of messages
as are sent to or from any person or class of persons or relating to any
particular subject, whether such message or class of messages are received at
one or more addresses as may be specified in the order, or which are likely to
be used for the transmission of message or class of messages from or to one
particular person specified in the order, or any set of premises or
telecommunication equipment specified in the order. (8)
An interception order shall – (a)
specify the authorised agency and designation
of the officer in such agency that will undertake the interception; (b)
specify the reasons for such interception
pursuant to sub-section (2) of section 20 of the Act, and limit the use of any
intercepted message to the provisions of sub-section (2) of section 20; and (c)
remain in force, unless revoked earlier, for
a period not exceeding sixty days from the date specified in such order, and
may be renewed for further periods: Provided
that no interception order shall remain in force beyond the duration of one
hundred and eighty days. (9)
The authorised agency undertaking the
interception as specified under clause (a) of sub-rule (8), shall maintain
secure records, including but not limited to- (a)
the intercepted message or class of messages; (b)
the particulars of persons whose message or
class of messages has been intercepted; (c)
the name and particulars of the officer or
the authorised agency to whom the intercepted message or class of messages has
been disclosed; (d)
the number of physical or digital copies of
the intercepted message or class of messages made; (e)
the mode or the method by which such copies
are made; (f)
the date of destruction of the copies; and (g)
the duration for which the directions for
interception in an interception order are remain in force. (10)
Nothing in these rules shall apply to the
demonstration and testing of lawful interception systems and monitoring
facilities undertaken pursuant to the prior written directions from the
Department of Telecommunications. (1)
Each authorised agency shall authorise two
nodal officers, not below the rank of Superintendent of Police or equivalent
rank, to communicate an interception order issued under subrule (2) or (3) of
rule 3 to the nodal officer of the Department of Telecommunications or nodal
officer of the telecommunication entity, as the case may be. (2)
The Department of Telecommunications shall authorise
two nodal officers in every service area to receive and act upon the
interception orders. (3)
Each telecommunication entity shall notify to
the Central Government, the contact details including name, designation, phone
number and email address of two senior employees in every service area of its
operation, authorised as nodal officers to implement the interception orders. (4)
The authorised agency, the Department of
Telecommunications, and telecommunication entity shall ensure that – (a)
any matter relating to an interception order
is handled only by nodal officers authorised for this purpose; (b)
adequate and effective internal safeguards
are implemented to prevent any unauthorised interception of messages; and (c)
confidentiality and extreme secrecy is
maintained and utmost care and precaution is taken in the matter of
interception of messages. (5)
The nodal officer of the authorised agency
specified in the interception order shall convey the interception order to the
nodal officer of the Department of Telecommunications or to the nodal officer
of the relevant telecommunication entity, as the case may be, in writing or
using other secure mode of communication as determined by the Central
Government for this purpose: Provided
that any physical delivery of such order shall be done only by an officer not
below the rank of SubInspector of Police or an officer of equivalent rank. (6)
The nodal officer of the Department of
Telecommunications or the telecommunication entity, as the case may be, shall - (a)
within two hours of receiving the
communication under sub-rule (5), send an acknowledgement of such receipt to
the authorised agency; and (b)
submit fortnightly reports on the first and
sixteenth of each month to the authorised agency from which it received such
communication, comprising the list of interception orders received during the
preceding fortnight with details including reference number and date of
interception orders issued or confirmed, as the case may be, under sub-rule (2)
or (3) of rule 3, date and time of receipt of such orders, and the date and
time of implementation of such orders. (7)
The telecommunication entity shall be
responsible for any action of its employees, including its vendors, that
results in any unauthorised interception, or any violation of these rules. (8)
Records relating to interception shall be: (a)
maintained by ensuring confidentiality and
extreme secrecy; and (b)
destroyed in a secure manner while
maintaining extreme secrecy: (i)
every six months by authorised agency,
competent authority and review committee, unless these are, or likely to be,
required for functional requirements or under court directions; and (ii)
within two months of discontinuation of an
order of interception, by the Department of Telecommunications and the
telecommunication entity. (9)
The obligations set forth under this rule
shall not apply to a telecommunication entity that holds, or is exempted from
the requirement of, an authorisation under clause (c) of sub-section (1) of
section 3 of the Act. (1)
The Central Government shall constitute a
review committee, consist of the following members, namely. (a)
Cabinet Secretary -Chairperson; (b)
Secretary, Department of Legal Affairs,
Ministry of Law and Justice -Member; and (c)
Secretary, Department of Telecommunications
-Member. (2)
Every State Government shall constitute a
review committee, consist of the following members, namely. (a)
Chief Secretary of the State -Chairperson; (b)
Secretary Law or Legal Remembrancer
In-charge, Legal Affairs -Member; and (c)
Secretary to the State Government, other than
the Home Secretary -Member. (3)
The review committee constituted under
sub-rules (1) and (2) shall meet every two months and record its findings as
regards whether the interception orders under rule 3 are in accordance with the
provisions of sub-sections (2) and (4) of section 20 of the Act. (4)
Where the review committee is of the opinion
that the interception order is not in accordance with subsection (2) read with
sub-section (4) of section 20 of the Act, it may set aside such order and order
for destruction of the copies of the intercepted message or class of messages.Telecommunications (Procedures And Safeguards For Lawful Interception Of
Messages) Rules, 2024
PREAMBLE
And whereas copies of the said Official Gazette were made available to the
public on the 29th August, 2024;
And whereas the objections and suggestions received from the public in respect
of the said draft rules have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by clause (a) of
sub-section (2) and sub-section (4) of section 20 read with clauses (t) and (u)
of sub-section (2) of section 56 of the Telecommunications Act, 2023 (44 of
2023), and in supersession of rules 419 and 419A of the Indian Telegraph Rules,
1951, except as respects things done or omitted to be done before such
supersession and without overriding the terms and conditions of existing orders
relating to interception of messages under those rules, which shall continue to
apply till the date of expiry of the time period for interception, as specified
in such order, the Central Government hereby makes the following rules, namely.
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Telecommunications (Procedures And Safeguards For Lawful Interception Of Messages) Rules, 2024
Telecommunications (Procedures And Safeguards For Lawful Interception Of Messages) Rules, 2024
Rule 1.Short title and commencement.
Rule 2.Definitions.
Rule 3.Interception of message or class of messages by authorised agencies.
Rule 4.Obligations relating to Interception.
Rule 5.Constitution and working of the review committee.