9/18/2019
India | Global Network Initiative
the respective government, during a public emergency or in the interests of
public safety, may issue a written order directing an interception, if the official
in question believes that it is necessary to do so in the: (a) interest of
sovereignty and integrity of India; (b) the security of the State; (c) friendly
relations with foreign states; (d) public order; or (e) the prevention of
incitement of offences.
In case of an emergency, the prior approval of the aforementioned government
officials may be dispensed with. In such a case, the interception or monitoring
will have to be carried out by an officer not below the level of the Inspector
General of Police.
Section 69 of the IT Act permits authorised government officials to intercept or
monitor information transmitted, generated, received or stored in any
computer. Accordingly, the service provider is required to extend all technical
facilities, equipment and technical assistance to the authorised government
officials to intercept the information and to provide information stored in the
computer. The Interception Rules lay down the procedure to be followed by
the government to authorise such interception or monitoring.
Under Section 69 of the IT Act read with Rule 3 of the Interception Rules, either
the Secretary to the Ministry of Home Affairs (in the case of the central
government) or the Secretary to the Home Department (in the case of the state
government) or a person above the rank of Joint Secretary authorised by the
relevant government department (in unavoidable circumstances), may issue
an order for the interception of any electronic information transmitted, stored
or generated over any computer, if the official in question believes that it is
necessary to do so in: (a) the interest of sovereignty and integrity of India; (b)
the security of the State; (c) friendly relations with foreign states; (d) public
order; or (e) the prevention of incitement of offences.
The UASL, UL and the ISP License require the licensee to implement the
necessary facilities and equipment for interception purposes in terms of the
following provisions:
1) Clause 39.23 (xvi) of Part-I of the UL, Clause 41.20 (xvi) of the UASL and
Clause 34.28 (xvi) of the ISP License require the licensee to ensure that the
necessary hardware/software in their equipment is available for the carrying
out of the lawful interception and monitoring from a centralised location.
https://clfr.globalnetworkinitiative.org/country/india/
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