Snooping order

“The number of interceptions have dipped if one were to compare numbers between 2011-14 and 2014-2018.”

According to the petitioners, the government, by empowering 10 central agencies to intercept information transmitted or stored in any computer, has attempted to “impose an undeclared emergency” in the country ahead of the 2019 general elections. An “unlimited blanket power” has been conferred on various agencies “which has created a serious danger and injury to the freedom, life and liberty of the citizen of India,” guaranteed under Article 21 of the Constitution, the petitioners alleged. On December 20, the Union ministry of home affairs (MHA) issued a notification under the Information Technology Act to name the agencies authorised to intercept communication on computers.

The government move set off a political storm with Opposition accusing it of trying to create a “surveillance state.” Defending the notification, the government said the rules for intercepting and monitoring computer data were framed in 2009 under the Con- gress-led United Progressive Alliance (UPA) regime, and its new order only identified the authorities designated to carry out the action. Previously, it argued, anyone could.

The December 20, 2018, notification authorising 10 agencies to intercept had to be issued “to plug a legal loophole,” the home ministry officer said, and added that “with the proliferation of service providers it was necessary to let all stakeholders know which agencies and under which circumstance are authorised to intercept.” “The SC notice will give us an opportunity to clarify.”