No new powers conferred, Rules framed in 2009: MHA
Excelsior Correspondent
JAMMU, Dec 21: The Union Ministry of Home Affairs has authorized 10 Central agencies including Directorate of Signal Intelligence for service area of Jammu and Kashmir, North-East and Assam only to intercept, monitor and decrypt all the data contained in any computer system.
Official sources told the Excelsior that though the order will be applicable across the country, it will help security agencies especially the National Investigation Agency (NIA) to intercept computers being used by the militants, separatists and their Over Ground Workers for “anti-national activities’’ in Jammu and Kashmir.
Sources said the NIA, Intelligence Bureau and Directorate of Signal Intelligence will be able to decrypt any information generated, transmitted, received or stored in any computer resources under the Act, which would go a long way in neutralizing over ground network of the militants in Jammu and Kashmir and Naxalism in Naxal-infested States of the country.
An order to this effect has been issued by Cyber and Information Security Division, Ministry of Home Affairs and signed by Union Home Secretary Rajiv Gauba.
The order gave powers to 10 Central agencies for computer interception and analysis under the Information Technology (IT) Act.
The 10 agencies, which have been empowered for computer interception and analysis, included Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, Research and Analysis Wing, Directorate of Signal Intelligence (in service areas of J&K, North East and Assam) and Commissioner of Police, Delhi.
“The agencies have been authorized “for the purpose of interception, monitoring and decryption of any information generated, transmitted, received or stored in any computer resource under the said Act (section 69 of the IT Act, 2000)”, said the order, which was defended by Union Government’s bigwigs including Finance Minister Arun Jaitley, BJP president Amit Shah and others but was targeted by almost entire Opposition including Leader of Opposition in Rajya Sabha.
According to an earlier order, the Union Home Secretary is also empowered to authorize or sanction the intelligence and security agencies for undertaking tapping and analysis of phone calls under the provisions of the Indian Telegraph Act.
The Statutory Order has been issued in accordance with rules framed in year 2009 and in vogue since then, sources said, adding that the rules had been framed during Congress-led UPA Government.
No new powers have been conferred to any of the security or law enforcement agencies by the Statutory Order, they said.
“Each case of interception, monitoring, decryption is to be approved by the competent authority i.e. Union Home Secretary. These powers are also available to the competent authority in the State Governments as per IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009,’’ sources pointed out.
As per rule 22 of the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009, sources said, all such cases of interception or monitoring or decryption are to be placed before the Review Committee headed by Cabinet Secretary, which has to meet at least once in two months to review such cases. In case of State Governments, such cases are reviewed by a Committee headed by the Chief Secretary concerned.
According to sources, the new order will help ensure that any interception, monitoring or decryption of any information through any computer resource is done as per due process of law.
“The notification will ensure that provisions of law relating to lawful interception or monitoring of computer resource are followed and if any interception, monitoring or decryption is required for purposes specified in Section 69 of the IT Act, the same is done as per due process of law and approval of competent authority i.e. Union Home Secretary,’’ sources said.
They clarified that this notification does not confer any new powers.
“Adequate safeguards are provided in the IT Act 2000. Similar provisions and procedures already exist in the Telegraph Act along with identical safeguards. The present notification is analogous to the authorization issued under the Telegraph Act. The entire process is also subject to a robust review mechanism as in case of Telegraph Act. Every individual case will continue to require prior approval of Home Ministry or State Government.,’’ sources said, adding that the Ministry of Home Affairs has not delegated its powers to any law enforcement or security agency.
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