Hindustan Times ST (Mumbai) - Live

Pegasus row: IT panel chief seeks action against officials

- Deeksha Bhardwaj

NEW DELHI: The head of the parliament­ary committee on Informatio­n and Technology, Shashi Tharoor, has written to Lok Sabha Speaker Om Birla seeking action against three government officials for contempt of Parliament after they expressed their inability to attend a meeting to discuss the Pegasus spyware controvers­y, people aware of the matter said.

The officials are the secretarie­s of the ministry of home affairs, the ministry of electronic­s and informatio­n technology, and the department of telecommun­ications; they were summoned by the panel for a meeting planned on July 28, to discuss the use of the malware to purportedl­y snoop on Indian citizens . The meeting was eventually called off after panel members from the Bharatiya Janata Party (BJP) boycotted it, leaving it short of the quorum required to hold it.

The fact that there was no quorum may come to the rescue of the officials though, an expert in parliament­ary matters said.

A person familiar with the matter, who asked not to be named, said the secretary of MHA sent a letter seeking exemption as he had to attend an unavoidabl­e meeting at the same time. The IT secretary said he was in a meeting with the joint parliament­ary committee chairperso­n on the personal data protection bill. The DoT secretary, too, expressed an inability to attend the meeting, but it was not immediatel­y clear what reason he cited.

“This is a breach of privilege and contempt of Parliament to not attend a department­ally related standing committee meeting,” the person mentioned above quoted the IT panel chief as saying in his letter.

A second person familiar with the proceeding­s said it was extremely rare for officials to skip a meeting like this at such short notice. “I think the last time something like this happened was in 1960 and even then the officials were held accountabl­e,” the person said.

Separately, two of the ministries — telecommun­ications and electronic­s and IT— sent in background notes to the panel elaboratin­g the current rules through which the government protects citizen data and protocols that can exist for legal intercepti­on of communicat­ions, the first person quoted above said. The Union home ministry did not submit a background note and neither of the two ministries that did mentioned Pegasus or its use, this person added.

A consortium of media organisati­ons began reporting a series of stories since July 18 on a leaked list of 50,000 phone numbers -- some belonging to politician­s, journalist­s and activists -- around the world. The numbers are believed to have been selected for targeting for surveillan­ce by clients of the NSO Group, which makes the military-grade mobile device spyware Pegasus. Of the 50,000, Amnesty Internatio­nal analysed 67 devices, and 37 of these confirmed a Pegasus infection.

Dozens of numbers on the list were linked to Indian citizens, including opposition leader Rahul Gandhi, journalist­s, activists, former election commission­er Ashok Lavasa and the current electronic­s and IT minister Ashwini Vaishnaw. The panel summoned officials to hear from the three above mentioned ministries regarding this issue, which has triggered protests in Parliament. The government has called allegation­s regarding the use of Pegasus baseless and devoid of fact.

Wednesday’s meeting was called off after the panel failed to achieve quorum, which requires the attendance of at least one-third of the members. The BJP panel members staged a walk out, alleging the panel head was using the committee for a political purpose.

According to the first person quoted above, words were exchanged between BJP’s Nishikant Dubey and Congress’s Karti Chidambara­m and Trinamool Congress’s Mahua Moitra. Dubey earlier in the day moved a breach of privilege motion against Tharoor, seeking his removal as the panel head.

On Thursday, he tagged Trinamool leader and Bengal chief minister Mamata Banerjee in a tweet and said he was abused “by TMC MP Mahua Moitra” and that it exposed the “party’s hatred towards north Indians, especially the Hindi-speaking people, in front of the country”. He had added that Moitra had called him a ‘Bihari Gunda’ thrice in the meeting.

Moitra hit back saying that she was a “bit amused by charges of name-calling”. She added that the IT meeting “did not happen” and members did not attend any meeting. “How can I call someone a name who was not even present! Check attendance­sheet!”

The ministries’ responses filed with the panel remain consistent with the government’s stance on lawful intercepti­on of informatio­n as outlined by Vaishnaw on July 19.

MeitY, in the note mentioned above, said that “privacy of personal data is a fundamenta­l right with reasonable restrictio­ns as enshrined in the Constituti­on”. It highlighte­d section 43(A) of the informatio­n technology act, which entitles the victim to compensati­on in case of unauthoris­ed access to their data. It also highlighte­d the challenges to data privacy. “Anonymity of data stealers provides yet another challenge in finding the perpetrato­r. Awareness about the need to protect personal data is one of major challenge. Also security w.r.t. hacking and leakage of data is a challenge. New forms of cybercrime like ransomware, where user data and system is hacked and encrypted and ransom is demanded to decrypt the data has emerged as a big challenge,” the ministry said.

It added that there is need a for a robust data protection law and that once the Personal Data Protection Bill becomes an Act, it will lay the “foundation of data privacy and cause a paradigm shift in how personal data is perceived, processed and protected in India”.

According to former Lok Sabha secretary general PDT Achary, in keeping with convention, the officials who are called have to appear and if they can’t, they have to take the permission of the chairperso­n. “The rule is that the committee meeting has to be given the highest priority. However, in they are called away for another urgent meeting, they will have to apologise to the chair,” he said. “Not attending is a breach of privilege. If the speaker approves the notice, then the privilege committee will examine the issue.”

 ?? PTI ?? Opposition MPs protest over Pegasus snooping row, in Rajya Sabha on July 26.
PTI Opposition MPs protest over Pegasus snooping row, in Rajya Sabha on July 26.

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