Telecom Act has no provision for surveillance: MoS in Rajya Sabha

Minister of state for communications, Pemmasani Chandra Sekhar, on Thursday told the Rajya Sabha that the Telecommunications Act, 2023, does not have any provisions for telecom surveillance.

However, experts found this response, made to a question by Trinamool Congress MP Mausam Noor, odd given that Section 20 of the Act, which was brought into force on June 26, provides for interception for national security, public order, and other allied reasons.

“The parliamentary response from the minister of state for communications is baffling, as Section 20 of the statute clearly provides for interception in certain circumstances. Hence, the response as provided on the floor of the house, that the 2023 statute contains no provision for surveillance, is beyond comprehension in the face of expressed statutory language, especially when he admits that Section 20 has been brought into force,” Priyadarshi Banerjee, partner at Delhi-based Banerjee & Grewal Advocates, said.

“Interception is a subset of surveillance. The two cannot be disconnected,” Banerjee explained.

Prateek Waghre, the executive director of digital rights organisation Internet Freedom Foundation, also agreed. “The ministry’s position that there are no provisions for telecom surveillance is puzzling, and in effect, misleading. Section 20(2) of the Telecommunications Act, 2023, includes interception powers, much like Section 5(2) of the Indian Telegraph Act, 1885. And even though the Telegraph Act was repealed, Section 61 of the Telecommunications Act states that rules and orders made under the Telegraph Act will continue to be in effect,” he said.

Noor had also asked for a list of authorised agencies that can order “telecom surveillance” under the Telecom Act, and the oversight mechanisms in law that can stop the abuse of telecom surveillance by security agencies.