Under the proposed draft rules, the Department of Telecommunications (DoT) proposed to drop the penalty clause for telecom entities violating interception norms.

On Wednesday, August 28, the draft Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, were issued. The new rules suggest that the central government may be exempt from demonstrations and testing of interception systems.

The Department of Telecom has eliminated provisions related to fines and suspension of telecom licenses for violating license conditions regarding secrecy, confidentiality of information, and unauthorised interception of communications.

However, the proposed rules mandate that telecom entities involved in the interception process ensure “adequate and effective internal safeguards” to prevent unauthorised messages and maintain confidentiality and secrecy. The draft notification stated that the telecommunication entity would be liable for any action of its employees or vendors resulting in unauthorised interception or violation of rules.

The 2007 interception notification under the Indian Telegraph Act required telecom entities involved in the process to exercise the utmost care and precaution, as message interception impacts citizens’ privacy. The draft notification exempts the demonstration and testing of interception systems.

It also states that these rules will not apply to the demonstration and testing of lawful interception systems and monitoring facilities that the Central Government may require telecommunication entities to establish.

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