DoT Removes Penalty Clause for Telecom Entities in New Interception Rules

The Department of Telecom has introduced new rules for lawful interception of messages, removing the penalty clause for telecom entities. The new 2024 rules mandate internal safeguards to prevent unauthorized interceptions, while retaining the previous issuance process. Demonstration and testing of systems are exempted, and interception orders have stricter oversight and validity periods.

The Department of Telecom has eliminated the penalty clause for telecom entities violating interception norms under the newly notified rules.

The Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, announced recently, provide guidelines meant to ensure confidentiality and prevent unauthorized interception.

Noteworthy is the exemption extended to the demonstration and testing of interception systems mandated by the central government.

While fines and license suspensions have been removed, telecom entities must implement robust internal safeguards to avert unauthorized interceptions and maintain confidentiality.

The revised rules redefine accountability by holding telecom entities responsible for their employees' actions, including those of vendors, that lead to unauthorized interceptions or rule breaches.

Following the precedent set by the 2007 notification under the Indian Telegraph Act, instructions emphasize the protection of citizens' privacy during interceptions.

Only designated authorities, including the Union and State Home Secretaries or senior officers in specific circumstances, can authorize interception orders.

The rules stipulate a meticulous review process, demanding interceptions be authorized quickly and destroyed if not confirmed within seven days.

Interceptions are limited to 60 days, with a maximum extension of 180 days, and the data must be regularly destroyed to safeguard privacy.

Review committees at central and state levels, meeting bimonthly, will oversee compliance and order destruction of any improper interceptions.

(With inputs from agencies.)