The Department of Telecommunications (DoT) has introduced new regulations governing the interception of telephone calls and messages, including new mechanisms for reviewing these orders.
Under the revised guidelines, only authorized officers of a rank not lower than the Inspector General of Police can issue interception orders at the state level. Emergency interception orders must be validated by the appropriate authority within seven working days. Failure to confirm such orders will render intercepted data unusable, necessitating its destruction within two days.
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In remote areas, where issuing an order proves challenging, the head or next highest-ranking officer of the authorized agency—holding the rank of Inspector General of Police or above—at the state or central level may issue the order.
The responsibility for confirming interception orders depends on the level of governance. For central government cases, the Union Home Secretary is tasked with authorization, while at the state level, it falls to the home department secretary. In exceptional circumstances, a joint secretary at the central level, authorized by the competent authority, may also issue such orders.
All interception orders must undergo review within seven days of confirmation. At the national level, the review committee is headed by the Cabinet Secretary, with members including the Law Secretary and the Telecommunications Secretary. For state-level orders, the review committee is chaired by the Chief Secretary and includes the State Law Secretary, a Senior State Government Secretary, and the Home Secretary.
The rules aim to ensure stricter oversight and accountability in the interception of private communications while addressing emergency situations effectively.
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