No new powers have been conferred to any agencies: MHA on computer surveillance notification

 The government has authorised 10 central agencies to intercept, monitor and decrypt all the data contained in any computer system.

The order was passed late night Thursday by the 'cyber and information security' division of the Union Home ministry under the authority of Home Secretary Rajiv Gauba.According to the order, 10 central probe and snoop agencies are now empowered under the Information Technology Act for computer interception and analysis, officials said.

The 10 agencies are the Intelligence Bureau, Narcotics Control Bureau, Enforcement Directorate, the Central Board of Direct Taxes, Directorate of Revenue Intelligence, Central Bureau of Investigation, National InvestigationAgency, the Research and Analysis Wing, Directorate of Signal Intelligence (in service areas of J-K, North East and Assam) and Delhi Police.

The opposition has roundly criticised the notification with P Chidambaram even comparing the decision to that taken in an Orwellian state. However, the government has rejected all such criticisms. 

After outrage, MHA issued a statement saying, " Rule 4 of IT(Procedure&Safeguards for Interception, Monitoring&Decryption of Info)Rules'09 provides that‘the authority may authorise a gvt agency to intercept,monitor or decrypt info generated, transmitted or stored in any computer for purpose specified in the Act’.

It also clarified that no new powers have been conferred to any of the security or law enforcement agencies by the S.O dated 20.12.2018. Each case of interception, monitoring, decryption is to be approved by the competent authority. 

Union Finance Minister Arun Jaitley speaking in Parliament dubbed opposition's protest as 'mountain out of molehill'. Responding to Congress leader Anand Sharma over MHA order, Jaitley said, on December 20, same order of authorisation was repeated that was existing since 2009."You are making a mountain where a molehill does not exist," said the Union Minister. IT Minister Ravishankar Prasad said, "This has been done in national security interest. It has been done under the law made by the Manmohan Singh govt in'09.Each case of interception&the decision is to be approved Union Home Secy". 

The agencies have been authorised "for the purpose of interception, monitoring and decryption of any information generated, transmitted, received or stored in any computer resource under the said Act (section 69 of the IT Act, 2000)", the order states.

Section 69 of the IT Act deals with the "power to issue directions for interception or monitoring or decryption of any information through any computer resource".According to an earlier order, the Union home secretary is also empowered to authorise or sanction the intelligence and security agencies for undertaking tapping and analysis of phone calls under the provisions of the Indian Telegraph Act. 

With PTI inputs