The Ministry of Home Affairs issued an order authorising 10 Central agencies to intercept, monitor, and decrypt “any information generated, transmitted, received or stored in any computer.”
The Ministry of Home Affairs on Thursday renewed an order authorizing 10 Central agencies to intercept, monitor, and decrypt “any information generated, transmitted, received or stored in any computer.”
The agencies that have been authorized to monitor the transactions without warrant are:
0. The Intelligence Bureau
0. Narcotics Control Bureau
0. Enforcement Directorate
0. Central Board of Direct Taxes
0. Directorate of Revenue Intelligence
0. Central Bureau of Investigation
0. National Investigation Agency
0. Cabinet Secretariat (R&AW)
0. Directorate of Signal Intelligence (For service areas of Jammu & Kashmir, North-East and Assam only)
0. Commissioner of Police, Delhi.
According to the order, the subscriber or service provider or any person in charge of the computer resource will be bound to extend all facilities and technical assistance to the agencies and failing to do will invite seven-year imprisonment and fine.
The MHA gave the authorization under 69 (1) of the Information Technology Act, 2000 which says that the Central government can direct any agency after it is satisfied that it is necessary or expedient to do so in the “interest of the sovereignty or integrity of India, defence of India, security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence.”
This is a clear violation of the privacy laws that protect citizens and it will be interesting to see what the courts have to say about this.