New Interception Rules

On 29th August, 2024, the Department of Telecom (DoT) proposed new rules that remove penalty provisions for telecom entities violating interception norms and exempt central government demonstrations and testing from interception regulations.

The draft Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, eliminates fines and suspension of telecom licenses for breaches related to secrecy, confidentiality, and unauthorized interception.
The new rules require telecom entities to implement robust internal safeguards to prevent unauthorized interceptions and ensure confidentiality and secrecy in handling intercepted messages.
Telecom entities will be held accountable for the actions of their employees and vendors that lead to unauthorized interceptions or violations of the interception rules.
Demonstrations and testing of lawful interception systems by the central government are exempt from the new rules, allowing the government to test and monitor interception systems without regulatory constraints.
The existing process for issuing interception orders remains unchanged, with the power vested in the union home secretary, state home secretaries, or a designated joint secretary-level officer in the Centre.
In urgent situations, an Inspector General of Police can issue an interception order, but it must be ratified by a competent authority within seven working days, or the order will be invalid, and intercepted messages will be destroyed.
Interception orders will have a validity of 60 days, extendable up to a maximum of 180 days, with mandatory destruction of records every six months unless required for functional purposes.