Records pertaining to lawful interception

The total number of requests received under Section 69 and Rules there under from various agencies between 01.01.2015 to 31.12.2016. The PIO informed that the information sought was exempt from disclosure under Section 8(1)(a), (g) and (h) of the RTI Act. Further, the records pertaining to lawful interception are destroyed as per provisions contained in Sub-Rule 18 of the Rule 419A of the Indian Telegraph Rules, 1951. The Respondent added that statistics of requests may be available with the Department of Telecom as the Review Committee under Rule 22 of the IT (Procedure and safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009 is dealt by this department. Hence the RTI application had been transferred to the actual custodian of information, viz. the Department of Telecom. The CIC found no reason to intervene in the matter.

Comments

In terms of the Sub-Rule 18 of the Rule 419A of the Indian Telegraph Rules, 1951, records pertaining to directions for interception and of intercepted messages shall be destroyed by the relevant competent authority and the authorized security and Law Enforcement Agencies every six months. When the records have been destroyed as per the provisions of law, copies of the same cannot be provided.

Citation: Shri Avdhesh Kumar v. Ministry of Home Affairs in Second Appeal No. CIC/ISDIV/A/2019/640226, Date of Decision: 01.11.2021

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com