MHA on Snooping Row: Government Within Its Rights to Allow Agencies to Monitor, Decrypt Computers

New Delhi, December 21: The Ministry of Home Affairs on Friday clarified that no new powers were conferred to any of the security or law enforcement agencies, adding that the government has the authority to permit any law enforcement agency to monitor any computer in particular cases. The ministry asserted an approval from higher authorities is a must for any monitoring or interception.

"Rule 4 of IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Info) Rules'09 provides that ‘the authority may authorise a government agency to intercept, monitor or decrypt info generated, transmitted or stored in any computer for purpose specified in the Act’," the ministry said. Cybersecurity Steps: MHA Introduce ‘A Handbook for Students on Cyber Safety’ to Aware Students & Adolescents About Online Crimes & Threats.

"No new powers have been conferred to any of the security or law enforcement agencies by the S.O dated 20.12.2018. Each case of interception, monitoring, decryption is to be approved by the competent authority i.e. Union Home Secretary," the ministry added. It stated that similar provisions and procedures already exist in the Telegraph Act along with identical safeguards.

The ministry on Thursday issued an order giving 10 central agencies, including the CBI, the ED and the Delhi Police to "intercept, monitor and decrypt any information generated, transmitted, received or stored in any computer". The government also defended the order, saying it was done in the interest of national security.

"This has been done in national security interest. It has been done under the law made by the Manmohan Singh government in 2009. Each case of interception and the decision is to be approved by the Union Home Secretary," union minister Ravi Shankar Prasad.

The direction from the MHA came as a follow up to a 2009 notification, wherein the then UPA government had stated that no person shall carry out the interception, monitoring, or decryption of any information generated, transmitted, received or stored in any computer resource under sub-section (2) of section 69 of the Information Technology Act, 2000, except by an order issued by the competent authority.

(The above story first appeared on LatestLY on Dec 21, 2018 04:41 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).