No new rule: Government defends 'snooping' policy

India

22 Dec 2018

Centre goes in defensive mode after 'snooping order', clarifies notification

On Thursday, the Centre gave powers to ten Central investigative agencies to intercept and monitor all data present in any computer and invited criticism from the opposition which claimed the country was being made into an 'Orwellian state'.

But the Centre has clarified that it didn't introduce any new law and that the same policy was introduced by the UPA government in 2009.

Context

Backstory: Understanding the order passed by Ministry of Home Affairs

Backstory: Understanding the order passed by Ministry of Home Affairs

The order, signed by Home Secretary Rajiv Gauba, grants powers of "interception, monitoring, and decryption of any information generated, transmitted, received or stored in any computer".

The agencies empowered are the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, CBI, National Investigation Agency, Cabinet Secretariat (R&AW), Directorate of Signal Intelligence (in Jammu and Kashmir, North-East and Assam only), and the Delhi Police Commissioner.

Clarification

Agencies will need approval, clarifies MHA

Under fire, the MHA clarified its stand and said a similar law was passed in 2009. It said though agencies have the power to intercept information, they will require prior approval.

The demand will be monitored by Cabinet Secretary or a state's chief secretary.

Further, since many companies use servers outside the country, agencies would need to go through mutual legal assistance agreements.

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Here's what MHA said

"Similar provisions and procedures already exist in The Telegraph Act along with identical safeguards. The present notification is analogous to the authorization issued under The Telegraph Act. The entire process is also subject to a robust review mechanism," the MHA's statement read.

Details

The agencies have not been given any new power: Centre

The agencies have not been given any new power: Centre

The Home Ministry also went on to say that no new powers have been conferred to enforcement agencies.

"The notification has been issued to notify Internet Service providers (ISPs), Telecom Service Providers (TSPs) and intermediaries to codify the existing orders," the ministry said.

The order rekindled the privacy debate. Congress President Rahul Gandhi tweeted PM Narendra Modi was turning country into a police state.

You are an insecure dictator: RaGa tells PM Modi

Centre slammed

Mamata Banerjee too joined the chorus to slam Centre

Notably, RaGa wasn't the only one to slam the Centre. Trinamool Congress head and West Bengal Chief Minister Mamata Banerjee demanded that the 'mass surveillance' order is withdrawn as it was a threat to privacy and independence.

"The notifications need to be withdrawn immediately. What's the use of taking the oath of secrecy when government data will be shared," she said.

Orwellian state is around the corner: Chidambaram

"I don't want to give (an) off the cuff answer, but anybody is going to monitor the computers, including yours. What is an Orwellian state? George Orwellian (state) is around the corner," said senior Congress leader P Chidambaram.

Defense

Meanwhile, Arun Jaitley said Congress speaks without thinking

Meanwhile, Arun Jaitley said Congress speaks without thinking

However, the Centre threw its might to defend the order. Union Finance Arun Jaitley said Congress had a habit of speaking without thinking and claimed there was no 'general snooping order'.

He explained the power to intercept in national interest already existed and the order just specified the agencies.

"It is only in cases mentioned in Section 69 of the IT Act," he said.

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Rahul Gandhi

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Directorate of Revenue Intelligence

Act

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AW

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Enforcement Directorate

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Narcotics Control Bureau

Narendra Modi

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P Chidambaram

PM Narendra Modi

RaGa

Rajiv Gauba

Revenue Intelligence

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Most asked questions

What is the new order of monitoring passed by Centre?

Which agencies enjoy the power?

What did the opposition say in the order?

What has the Centre in defense?

More questions

What is the new order of monitoring passed by Centre?

Asked 2018-12-22 11:26:58 by Aanya Kapoor

Answered by NewsBytes

Ministry of Home Affairs (MHA), on Thursday, granted sweeping powers to 10 Central investigative agencies to intercept, monitor and decrypt any data stored on computer devices.

Which agencies enjoy the power?

Asked 2018-12-22 11:26:58 by Surabhi Rathore

Answered by NewsBytes

The agencies empowered are the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, Central Board of Direct Taxes, Directorate of Revenue Intelligence, CBI, National Investigation Agency, Cabinet Secretariat (R&AW), Directorate of Signal Intelligence (in Jammu and Kashmir, North-East and Assam only), and the Delhi Police Commissioner.

What did the opposition say in the order?

Asked 2018-12-22 11:26:58 by Hemant Mittal

Answered by NewsBytes

The opposition said the country was turning into an Orwellian state and Rahul Gandhi told Prime Minister Narendra Modi he was behaving like an insecure dictator.

What has the Centre in defense?

Asked 2018-12-22 11:26:58 by Vishal Khan

Answered by NewsBytes

The Centre said no new law was passed and it existed in UPA era in 2009 too.

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