No blanket power to snoop, Home Ministry clarifies

Home Ministry official says no new agency or law is involved in interception

December 30, 2018 07:48 pm | Updated 07:48 pm IST - New Delhi

The Central government has not given ‘blanket power’ to any agency to intercept information from any computer, a senior Home Ministry official has said.

The agencies have to strictly adhere to the existing rules while carrying out such action, the official, requesting anonymity, told PTI.

There is no new law, no new rule, no new procedure, no new agency, no blanket authorisation. It is the same law, same rule, same procedure and the same agencies, he said.

“There is no change even in a comma or a full stop in the existing rules and regulations,” the official said.

The December 20 Home Ministry notification, listing the 10 agencies, had set off a political storm with the Opposition accusing the government of trying to create a “surveillance state.”

The official clarified that the 10 agencies mentioned in the notification were already empowered to intercept electronic communications since 2011.

Further, while listing these agencies on December 20 this year, the Ministry had reiterated the Standard Operating Procedures of 2011, which mandates that every such interception requires prior approval of the competent authority — the Union Home Secretary or the State Home Secretary.

The Central government has been maintaining that the rules for intercepting and monitoring computer data were framed in 2009 when the Congress-led UPA was in power and its new order only notified the designated agencies which can carry out such action.

In a statement, the Ministry had said adequate safeguards are provided in the IT Act, 2000.

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