Snooping

Recent news and Governments Stance

  • The Ministry of Home Affairs (MHA) has issued an order authorising ten security and intelligence agencies of the country to access any information stored in any computer for the purpose of monitoring, decrypting and interception.
  • The 10 agencies include 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), and Commissioner of Police, Delhi.
  • The ministry has vested the authority on the agencies under Section 69 of the Information Technology Act, 2000 and Rule 4 of the Information Technology Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
  • The order mandates for a subscriber or service provider or any person in charge of the computer resource to extend technical assistance to the agencies.
  • Non-compliance will invite seven-year imprisonment and fine.

Legal Provisions against snooping

Historically, snooping in India has been justified under the purview of maintaining “national security.” Even before the internet had arrived, the Indian government was intercepting communications under colonial era laws that had been retained post independence.
The Indian citizen is entitled to the fundamental right embodied in Article 21 of the constitution. He shall not “be deprived of his life or personal liberty except according to procedure established by law”. Surveillance, phone tapping and mail snooping are clear violations of ‘personal liberty’
Location: Thiruvananthapuram, Kerala, India

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