Opposition alleges government turning India into surveillance state: Here's what the order actually says

What happened?

Union Home Secretary Rajiv Gauba on Thursday issued an order authorising 10 security and intelligence agencies access to any information that was created, sent, received or stored on any computer resource. The definition of 'computer resource' in the IT Act is wide enough to include not just computers, laptops and tablets, but also smartphones and smartwatches.  

So, what exactly can they access?

The 10 agencies can access this information with or without your cooperation. If an authorised official of one of these agencies asks you to hand over your device, you could face seven years in prison and/or a fine. Your service provider, if asked for information or traffic data pertaining to you, will have to comply or face three years in prison and/or a fine. 

Can they access anybody's information?

Technically, yes. But each and every individual case will require prior approval. The Ministry of Home Affairs says it has not delegated the power to approve these applications to any of the 10 agencies. That means each individual or entity that has to be intercepted or placed under surveillance will need to be approved beforehand by the Home Ministry. 

The law allows such an order to be passed if the Union Home Secretary feels it is in the interest of the sovereignty or security of India, its relations with other countries, the maintenance of public order, or the prevention or investigation of any related acts. The reason for issuing the order has to be recorded in writing, though there is nothing to say the reason has to be made public.

The law also allows the Union Home Secretary to pass this order only when he/she determines that it is not possible to obtain the information in other reasonable and legal means. 

This is difficult to address. Such orders are pretty routine. The Ministry of Home Affairs has insisted that it confers no new powers. So, it may only have been giving a greater number of agencies the go-ahead to carry out monitoring or surveillance operations. The government is yet to clarify. However, three weeks ago, DNA had reported that the Delhi Police was going to be empowered with 'one touch' tracking system to track radicalisation on social media platforms. This order seems procedural, to enable other decisions.  

Such orders are pretty routine. The Ministry of Home Affairs has insisted that it confers no new powers. So, it may only have been giving a greater number of agencies the go-ahead to carry out monitoring or surveillance operations. The government is yet to clarify. However, three weeks ago, DNA had reported that the Delhi Police was going to be empowered with 'one touch' tracking system to track radicalisation on social media platforms. This order seems procedural, to enable other decisions. 

The 10 agencies that can now access any data you have are the Intelligence Bureau (IB), Narcotics Control Bureau (NCB), Enforcement Directorate (ED), Central Board of Direct Taxes (CBDT), Directorate of Revenue Intelligence (DRI), Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Research and Analysis Wing (RAW), the Delhi Police Commissioner and the Directorate of Signal Intelligence (Only for Jammu and Kashmir, Northeast and Assam). 

Photo Credits: MyGov.in 

How long will these sweeping powers be in place?

The Union Home Secretary's order has not lined out a specific time period. That means the order will remain in force for 60 days unless it is revoked earlier. It will then have to be renewed for another 60 days, and cannot be in force for more than 180 days at a stretch.

Are there any checks and balances?

The order could also be set aside by a Review Committee if the reason for its issue or the way it is being implemented are at odds with the law. The Union Home Secretary is required to submit the details of the order to the Review Committee within seven working days. The Review Committee will consist of the Cabinet Secretary, Telecommunications Secretary and the Legal Affairs Secretary.