With the Pegasus row threatening to derail the Monsoon Session of Parliament as the Opposition is determined not to allow proceedings of both the Houses, the Centre on Thursday told the Rajya Sabha that the records of interception are destroyed regularly as such they have no record of persons whose phones were intercepted.
In a written reply to CPI(M) MP John Brittas, Union Minister of State for Communications Devusinh Chauhan said that “such records are not maintained” by the Government as they are “destroyed regularly” as required by the law.
“As informed by Ministry of Home Affairs (MHA), the records pertaining to lawful interception are destroyed regularly as per provisions contained in Sub-rule 18 of Rule 419A of the Indian Telegraph (1st Amendment of 2014) Rules, 2014 and Sub-rule 23 of Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009. Such records are not being maintained by MHA,” Chauhan said.
Brittas has asked the Ministry of Communications whether Telegraph and Information Technology Act facilitates telephone interception of individuals by competent authority in Government; (b) if so, the details thereof; (c) the number of persons whose telephones were intercepted from 2016 till today”. Brittas has sought the “year-wise details” about these interception attempts by the Government.
Brittas has also earlier moved the Supreme Court on the snooping issue seeking a court-monitored probe by a Special Investigation Team into the reports of snooping of activists, journalists and politicians using the Israeli spyware Pegasus.
The Minister further stated that lawful interception is under the provisions of Section 5(2) of the Indian Telegraph Act,1885 read with Rule 419A of Indian Telegraph (1st Amendment of 2014) Rules, 2014 and Section 69 of the Information Technology Act, 2000 read with the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
“As per both these Rules, for approving interception, Union Home Secretary is the Competent Authority in case of Central Government and Secretary in charge of Home Department in case of States/UTs,” he said.
The Opposition has insisted that it will not call off its protests inside Parliament without the Government allowing a full-fledged debate on the alleged snooping using Pegasus software. Meanwhile, the Government has also responded by saying that the Opposition was making “an issue out of a non-issue” and not allowing Parliament to function. The Government has neither confirmed nor denied whether it has purchased the spyware. The Monsoon Session will conclude on August 16.