The Union Government has formally notified the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, providing a framework for lawful interception of messages by law enforcement and security agencies. The rules, which resemble existing call-interception protocols, are expected to ignite debates on the right to privacy, given past controversies surrounding unauthorised interception.

Under the rules, agencies are permitted to intercept messages for up to six months, subject to approval from competent authorities. At the Union level, the competent authority is the Home Secretary, while for states, it is the Chief Secretary. In urgent situations, officers of Joint Secretary or Inspector General rank or above can issue interception orders, but these must be submitted to the competent authority within three working days. The competent authority is required to confirm such orders within seven working days, failing which the interception must cease, and intercepted data cannot be used, even in court.

The rules mandate detailed records of interception, including particulars of the targeted individual, the authorised officer, and timelines for data destruction. Agencies must submit fortnightly reports detailing orders issued and confirmed, ensuring oversight.

Telecommunication entities are held accountable for unauthorised interceptions by their employees. To strengthen compliance, each agency must designate two nodal officers, not below the rank of Superintendent of Police or equivalent, to handle interception orders.

The notification outlines a multi-tier review mechanism. At the national level, a high-level committee chaired by the Cabinet Secretary, along with the Secretaries of Legal Affairs and Telecommunications, will oversee compliance. State-level committees will be headed by the Chief Secretary, with representatives from legal and administrative departments as members.

The rules follow a public consultation initiated on August 28, 2024, when the government invited objections and suggestions. However, concerns over potential misuse remain, with privacy advocates questioning safeguards against unauthorised surveillance.

The notification underscores the government’s emphasis on balancing national security with individual privacy. Yet, the challenge of ensuring transparency and accountability in implementing these rules remains a key concern for stakeholders.