The country needs to collect information through surveillance in view of the security and integrity of terrorist threats, extremism, cybercrime, drug smuggling mechanism and its importance cannot be underestimated in any way.
Despite this, no agency is allowed uninterrupted surveillance, interception, monitoring, or decryption of any information or message under the Centralized Monitoring System (CMS), Network Traffic Analysis (NETRA) and National Intelligence Grid (NetGrid).
Permission is granted by the Union Home Secretary only after close scrutiny in each case. If the committee set up to look into it is not satisfied, it can revoke permission. This answer has been given by the Central Government on a public interest litigation in which the privacy of citizens is threatened due to surveillance.
The affidavit was presented by the Union Home Ministry before a division bench of Chief Justice DN Patel and Justice Jyoti Singh. This affidavit has been given on a PIL stating that the privacy of citizens is being endangered by these surveillance programs.
ASG Chetan Sharma, on behalf of the Ministry of Home Affairs, told the court that before the interception, monitoring, decryption of information or messages or suspicious computers by any agency, it is necessary to get the permission of the competent officer who is the Union Home Secretary.At the same time, Ajay Digpaul, a permanent advocate of the Central Government, said that any agency is given its permission under the Indian Telegraph Act and the Information Technology Act.
On the other hand, ASG also said that the joint petition of NGO Center for Public Intervention Litigation (CPIL) and Software Freedom Law Center (SFLC) did not mention a single case or any victim of violation of right to privacy. Right to privacy is fully taken care of during surveillance.
On behalf of the NGO, senior advocate Prashant Bhushan told the court that the affidavit submitted did not state what steps have been taken by the government. Bhushan said that not only phone calls but travel details, shopping, bank transactions etc. are being intercepted. Therefore, there is a need to create new rules to control surveillance.
He said that permission for surveillance is given in bulk without thinking. He sought time to present his arguments on the government’s affidavit. The court then fixed the hearing on 19 March.
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