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On December 20, 2018 Ministry of Home Affairs issued a notification authorising ten central agencies to intercept, monitor and decrypt any computer information has been issued to "ensure that the right to privacy of law-abiding citizens is not violated by any agency, intermediary or person", states the affidavit filed by the Central Government in Supreme Court. The veil of privacy can be lifted for legitimate state interests, the affidavit by centre states
The affidavit by Satinder Kumar Bhalla, Director of MHA, is filed in the petitions filed by M L Sharma, Internet Freedom Federation, Raman Jit Singh Chima and Mahua Moitra challenging Section 69 of the Information Technology Act, 2000 (IT Act) and The Information Technology (Procedure for Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 (2009 IT Rules), and the December 20 notification.
The agencies authorised by the MHA to "intercept, monitor and decrypt "any information generated, transmitted, received or stored in any computer" are are :- Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation, National Investigation Agency, Cabinet Secretariat(RAW), Directorate of Signal Intelligence(For service areas of Jammu & Kashmir, North-East and Assam only), Commissioner of Police Delhi.
The 2 purposes Out of 4 of issuing the notification are stated to follow:
To ensure that any interception, monitoring or decryption of any information through computer resource is done only as per the due process of law.
To ensure that any interception or monitoring or decryption of computer resource is done only by the authorised agencies for purposes specified in Section 69 of the IT Act, as per the due process of law, and with the approval of the competent authority.
The centre assures that the 10 specified agencies can exercise the power only with the approval of the Union Home Secretary, who will authorise the same only in the interests of sovereignty and integrity of state, security of state, friendly relations with neighbouring states, public order or for preventing incitement to the commission of any cognizable offence.
There is a Review Committee constituted under Rule 22, which will review whether actions of interception, monitoring and decryption by the agencies were in accordance with law, and on finding otherwise, the Committee can order the destruction of data so collected by the agencies.
Reasonable restrictions on right to privacy
The notification constitutes reasonable restrictions on right to privacy, states the affidavit. The notification is issued in accordance with law, for a legitimate aim, providing for interference which is proportionate with inbuilt procedural safeguards against abuse.
The centre says that the notification is justified by the grave threats of "terrorism, radicalization, cross border terrorism, organized crime, drug cartels etc, and the "veil of privacy" can be lifted to counter such threats to "national security"
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