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25 Apr 2024, Edition - 3208, Thursday

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Govt gives 10 police, intel bodies powers to snoop on all information on all devices

indiatoday.in

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The government of India has authorised 10 police and intelligence agencies to “intercept, monitor and decrypt” all information on any computer device in the country. A Gazette of India notification to this effect was issued on December 20. The Gazette of India is a legal document that carries information about changes to law or new laws and orders.

The ten agencies that have been authorised to intercept, monitor and decrypt “any information generated, transmitted, received or stored in any computer resource” include the two intelligence agencies — internal spy body Intelligence Bureau and external intelligence agency Research and Analysis Wing.

The other agencies include: the Narcotics Control Board (which polices illegal drug trade), Enforcement Directorate (which looks after economic crimes), the Central Board of Direct Taxes (which is responsible for income tax), the Directorate of Revenue Intelligence (an anti-smuggling agency) and the Central Bureau of Investigation (which is tasked with investigating high-level corruption and other crimes).

The National Investigation Agency, which is responsible for probing terrorism-related incidents, the Delhi Police and the Directorate of Signal Intelligence (an intelligence agency) have also been given the powers to intercept, monitor and decrypt any and all information on computer devices in the country.

The gazette notification that gives the 10 agencies powers to snoop on all information on all computer devices has been issued under sub-section 1 of section 69 of the Information Technology Act, which became a law in 2000.

Now, this sub-section says that the government can direct an agency to “intercept or monitor or decrypt any information generated, transmitted, received or stored in any computer resource”.

So, if read plainly, the December 20 gazette notification is not handing out new powers but is merely listing out the agencies that have the powers to snoop.

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