The Indian Department of Telecom proposes new interception rules
The proposed rules raise concerns about accountability and compliance in the telecom industry.
The Department of Telecom (DoT) in India has proposed significant changes to the rules governing lawful interception of messages through the draft Telecommunications, Procedures and Safeguards for Lawful Interception of Messages, Rules, 2024. A key change is the elimination of penalties for telecom entities that violate interception norms, including fines and suspension of licenses related to confidentiality. This shift raises concerns about compliance and accountability within the industry.
Additionally, the new rules exempt demonstrations and testing of interception systems by the central government from regulatory scrutiny, allowing telecom entities to facilitate these activities without penalty. However, the DoT emphasises the need for robust internal safeguards, mandating that telecom operators implement effective measures to prevent unauthorised interceptions and maintain confidentiality.
The process for issuing interception orders remains largely unchanged, with orders still issued by the union or state home secretary or, in urgent cases, by a joint secretary or Inspector General of Police. Any order must be confirmed by the competent authority within seven working days, ensuring oversight and accountability.
The draft rules also stipulate that interception records must be destroyed every six months unless needed for functional purposes, with specific orders requiring destruction within two months after interception. Moreover, review committees at both the central and state levels will meet bi-monthly to evaluate the validity of interception orders, promoting transparency and oversight.