123 In addition to this, the Controller of Certifying Authorities(CCA) also has the power to request information from providers. Earlier, the CCA in reply to an application that we had filed under the RTI Act informed us that the CCA has received 103 requests for investigation from all agencies of the Government of India and State governments in the last three years and that the CCA has issued notices to Intermediaries in 73 instances. The CCA had in fact fined Yahoo for not complying with its order to provide user information. The Writ petition filed by Yahoo before the High Court of Delhi challenging this order and Rule 7(3) of the Intermediaries Guidelines Rules is pending. Such broad provisions in the law, combined with the absence of a legislation which restricts such requests, has resulted in the Government and its agencies sending huge number of user data requests to service providers. These requests are made by agencies ranging from the Home Ministry to the local police stations. The huge numbers show that there clearly is a need for proper safeguards to be built into the system to protect the right to privacy of citizens. The sheer number of telephone tapping orders issued per month shows that the current mechanism consisting of top level officials for reviewing tapping orders, which is supposed to be a safeguard has been reduced to a mere formality. There is an urgent need to evolve a proper legal framework to protect privacy of citizens when Government agencies request user information and monitor telephonic and electronic communication. The Supreme Court in the PUCL case had framed various guidelines to be observed while issuing orders to tap telephones. The review mechanism by which the tapping orders are reviewed by a team consisting of the Cabinet Secretary, Secretary in the Ministry of Law Affairs and Secretary of the Department of Telecommunications in the Centre and a similar mechanism in the

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