28
At this juncture, it is clarified that the above requests do not
correspondent to requests under Section 69 alone, but it
represents the entire number of requests received from the
governmental agencies under various legal provisions.
30.
Furthermore, the Petitioner No. 1 through its Executive Director
has sought a wide array of information relating to authorizations
issued under Section 69 of the IT Act on 28.12.2018. Replies
from Respondent No. 2 are awaited, and will shed further light
on the state of surveillance. True Copy of the RTI Applications
dated 28.12.2018 filed by the Petitioner No. 1 is annexed
herewith as ANNEXURE P-11 (Page Nos. 130 to 141).
D.
Latest Developments
31.
The ‘Report by the Group of Experts’ constituted by the
Planning Commission of India under the Chairmanship of Retd.
Justice A.P. Shah [hereinafter “Justice A.P. Shah Report”]
examined the widespread directions for surveillance issued under
the Telegraph Act and IT Act. To this end, the Report of Group
of Experts dated 16.10.2012 has identified key lacunae in the
existing procedure and rules to prevent harms to individual’s
right to privacy. The Report stated:
“6.4. … The regime does not require judicial oversight or
authorization, it is unclear which agencies are legally
authorized to undertake interception/access, systematic access
or proactive disclosure of communications and classes of data
is not prohibited, agencies are not required to be transparent to
the public regarding the effectiveness and cost of each
intercept, interception/access is permitted for even minor
offenses, there is no requirement for standardization of orders,
there
are
no
additional
safeguards
for
when
interceptions/access invade individual’s privacy beyond the
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