9/18/2019 India | Global Network Initiative Oversight of the Use of Powers There is no judicial oversight over the interception process. With respect to the review of the interception of telephonic communication under the IT Act and the ITR, a Review Committee has been established under Rule 419-A(16) of the ITR at both the central and the state level. As per the ITR, every order issued by the relevant government officials has to be sent to the Review Committee. The Review Committee is required to meet once every two months and if the Review Committee is of the opinion that an interception order was not in accordance with the provisions of the IT Act and the ITR, it may set aside the interception order and also order the destruction of the information obtained through interception. Rule 419-A (17) provides that in cases where the interception has been carried out in an emergency, the relevant government official has to be informed of such interception within three working days and the interception has to be confirmed within 7 working days, otherwise the interception will have to cease and the same message cannot be intercepted without the prior approval of Union or state Home Secretary. A similar Review Committee has also been established under the Interception Rules. Rule 22 of the Interception Rules provides for the establishment of a Review Committee to examine the interception or monitoring directions. If the Review Committee is of the opinion that the interception or monitoring directions are not in accordance with Section 69 of the IT Act, then it may set aside the direction and also order the destruction of the information obtained through interception. With respect to CMS there is no judicial oversight over the project. The Review process is the same as provided for under Rule 419-A of the ITR as described above. Content on this site is licensed under a Creative Commons Attribution-ShareAlike 3.0 License (BY-SA), which allows for sharing and remixing, providing that the work is attributed to the Global Network Initiative. If the content is altered, transformed, or built https://clfr.globalnetworkinitiative.org/country/india/ 8/9