SURVEILLANCE

December 20 order: 

• The government was responding to a PIL filed by advocate M.L. Sharma, challenging the December 20 notification as a violation of the fundamental right to privacy. 
  
  
• The order allows central agencies (such as IB, RAW, CBDT etc.) to intercept, monitor and de-crypt “any information” generated, transmitted, received or stored in “any computer resource”. 
  
  
• Features: The purpose of the order is to – 
  • ensure that surveillance is done as per due process of law; 
    
    
  • ensure that any interception, monitoring, decryption of computer resource is done only by authorised agencies and with approval of competent authority; 
    
    
  • prevent unauthorised use of these powers by any agency, individual or intermediary so that the right to privacy of citizen is not violated. 
    
    
  
  
  
• Restricted powers: 
  • Permission for surveillance needs to be got from the Union Home Secretary. 
    
    
  • Besides, the law mandates the Centre and States to constitute a review committee with the Cabinet Secretary. 
    
    
  
  
  

Justification of order: 

• The order is based on Section 69 (1) of the Information Technology Act of 2000 and Rule 4 of the Information Technology 2009 Rules (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009. 
  
  
• Surveillance is necessary “in the modern world where modern tools of information communication, including encryption, is used”. Surveillance is done only in the defence of India, to maintain public order, etc. 
  
  
• In fact, the order limits the power of surveillance to these 10 central agencies and none other.