Home Ministry cites practices abroad to justify authorising 10 agencies for 'snooping'

The official said the United States Cloud Act, 2018 allowed US law enforcement agencies to compel US-based technology firms to provide requested data stored on servers, whether in USA or abroad.
For representational purposes
For representational purposes

NEW DELHI: The Home Ministry’s December 20 decision authorizing 10 agencies for “interception, monitoring and decryption of any information” was based on an analysis of such security mechanisms worldwide, government sources said on Tuesday. They claimed that the decision would prevent illegal and unnecessary interceptions.

Officials in the Ministry of Home Affairs (MHA) cited examples of several countries, such as the United States, France, Germany, United Kingdom and Australia, to emphasize how similar procedures were in place abroad to ensure that law enforcement agencies could carry out interceptions for security reasons.  

Calling the backlash over the notification “needless”, a senior MHA official said, “Actually, the government order will ensure prevention of unauthorized interception or monitoring by agencies not mentioned in the government order dated 20.12.2018, or by unscrupulous Internet service providers.”

While taking the decision, it was taken into account that there have been instances when law enforcement agencies have expressed difficulty in locating culprits responsible for posting content that openly incited terror or communal violence, or included child pornography, officials said.

“We did a detailed study on interception and encryption measures practised worldwide before issuing the December 20 notification,” said the official.

The official said the United States Cloud Act, 2018 allowed US law enforcement agencies to compel US-based technology firms to provide requested data stored on servers, whether in USA or on foreign soil.

Precedents abroad in Germany, certain intelligence and law enforcement agencies can access and intercept communications. France has a provision whereby national intelligence and security services may intercept and read private communications.

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