In response to the finding of Israeli spyware Pegasus which targeted around 300 Indians, the government has claimed that all the interception in India took place lawfully and was covered under the premises of law.
Context
In response to the finding of Israeli spyware Pegasus which targeted around 300 Indians, the government has claimed that all the interception in India took place lawfully and was covered under the premises of law.
What laws cover surveillance in India?
- Communication surveillance in India takes place under two laws
- The Telegraph Act, 1885
- The Information Technology Act, 2000
- So, to use Pegasus-like spyware lawfully, the government would have to invoke both the IT Act and the Telegraph Act.
Concerns over the existing laws
- It is said that a comprehensive data protection law is still needed to address the gaps in existing frameworks for surveillance.
Telegraph Act, 1885
- The Telegraph Act deals with the interception of calls.
- Central Government or a State Government or any officer specially authorized on this behalf can use the provisions of the act under any public emergency, or in the interest of public safety.
- It is invoked in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, or public order or for preventing incitement to the commission of an offense.
IT Act, 2000
- Section 69 of the Information Technology Act and the Information Technology (Procedure for Safeguards for Interception, Monitoring, and Decryption of Information) Rules, 2009 were enacted to further the legal framework for electronic surveillance.
- Under the IT Act, all electronic transmission of data can be intercepted.
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