DoT Proposes Significant Reforms in Telecom Interception Rules

The Department of Telecom has proposed draft rules eliminating penalty clauses for telecom entities violating interception norms. The new rules mandate effective internal safeguards but exempt demonstrations and testing of interception systems. The power to issue interception orders remains with higher authorities, maintaining records for a limited period.

The Department of Telecom (DoT) has introduced draft rules that propose to remove penalty clauses for telecom entities violating interception norms. The draft Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, disclosed on Wednesday, exempt demonstrations and testing of interception systems conducted by the central government.

Under these draft rules, DoT eliminates provisions for fines and license suspensions related to breaches of secrecy, confidentiality, and unauthorized interception. However, it stresses that telecom entities must implement adequate internal safeguards to prevent unauthorized interceptions and maintain confidentiality.

According to the draft notification, telecom companies will be accountable for their employees' actions, including those of vendors involved in unauthorized interceptions or rule violations. The draft also retains the current procedure for issuing interception orders, empowering high-ranking officials such as the union home secretary or state home secretary. Interception records must be destroyed periodically unless required for functional needs.

(With inputs from agencies.)