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guidelines, which require that “[t]he use of intercepted
material shall be limited to the minimum that is
necessary”. The Act and Rules do not strictly lay down a
rule of necessity with respect to either use or collection of
information.
XXIII.
BECAUSE the 2009 IT Rules, specifically Rules 10 and
25(2) do not comply with the principle of purpose
limitation, except for the purpose of “investigation” (as
specified in Rule 25(2)), inasmuch as there is no
restriction on the use of data that is monitored, intercepted,
decrypted, or disclosed by/to one of the notified
agencies/Central/State Government by any of the other
agencies or by the State or Central Government.
XXIV.
BECAUSE under the 2009 IT Rules, there is no
consequence of illegally intercepting, monitoring, or
decrypting personal information, nor is there any
mandatory requirement for setting aside such orders in
case they do not adhere to the prescribed procedure and
safeguards mandated under Section 69(2) read with the IT
Rules. Under Rule 9 of the 2009 IT Rules, even if the
Review Committee gives a finding that the directions
issued under Rule 3 are not in accordance with Section
69(2) of the Act, it “may” (not shall) set aside these
directions and issue orders for the destruction of the
copies.
E.
XXV.
ABSENCE OF DUE PROCESS
BECAUSE the decision to intercept, monitor, decrypt or
disclose information collected under Section 69 of the IT
Act and the 2009 IT Rules lack any due process, and are
thus unconstitutional. This Hon’ble Court in Puttaswamy
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