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Guidelines are in place to check illegal phonetapping

Centre informed the Supreme Court that it had framed guidelines to prevent illegal interception of telephonic messages.

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NEW DELHI: Stung by Samajwadi Party leader Amar Singh's sharp criticism of UPA chairperson Sonia Gandhi over tapping of his phone calls, the Centre on Wednesday informed the Supreme Court that it had framed guidelines to prevent illegal interception of telephonic messages.
 
Solicitor General Goolam E Vahanvati said that these would be notified within two months. He said this during the hearing of Singh's petition seeking framing of guidelines for intercepting phone calls that have been declared by the Supreme Court as protected under the fundamental right to privacy.
 
The government has decided to scrutinise the outdated Indian Telegraph Act, 1885, keeping in view the changed scenario due to technological development and more players coming into the field.
 
The court had issued notices to all telecom service providers including MTNL, BSNL, VSNL, Reliance Infocomm, Idea Cellular, Tata Indicom, Bharti Televentures Ltd and Hutchison Eassar Ltd on the issue.
 
According to Vahanvati most of the operators have agreed to the draft guidelines and rules relating to interception of messages.
 
The guidelines stipulate that service providers appoint round-the-clock nodal officers to act on requests from security and law enforcement agencies within two hours of receiving the intimation about tapping of phones.
 
"On all the intimations sent by the security and law enforcement agencies to the service providers, the service providers will make 24x7 arrangement and arrange to issue acknowledgement letters within two hours for each of the intimation to the security agency concerned in a sealed cover on receipt of such intimations for interceptions," the guidelines said.
 
The service providers have been asked to put in place adequate and effective internal checks within their organisation to ensure that unauthorised interception of communication does not take place.
 
The government has said that the operators will be held responsible for the actions of their employees.
 
The operators have also been asked to provide interception facilities to the state police in respect of a roaming subscriber, wherever he is located. "Interception facility to the State police for a non-roaming subscriber outside the territorial boundaries of the State shall be provided with the approval of the Union Home Secretary or with the approval of the Home Secretary of the State concerned," the guidelines said.
 
In case of emergency, the service providers have been directed to take confirmation from the competent authority within three days and such orders should be issued with the prior approval of the head or second senior most officer of the agency, who is not below the rank of Inspector General of Police.
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