Interception/Monitoring of Electronic Communication

With the advent of the internet, information exchange takes place within seconds through this new medium, bringing forth numerous concerns regarding the security of the nation. Thus, on grounds of public interest, the government reserves certain right to intercept and monitor electronic communication. The same has been discussed in this chapter.

The chapter commences by illustrating the evolution and development of laws on Interception and Monitoring in India. Following this, the chapter discusses various sections and subsection of the IT Act, 2000 which relate to such interception in great depth with the help of illustrations and relevant case laws.

Next, the questions of state surveillance with respect to the right to privacy have been taken into account and the shortcomings of the prevalent system of surveillance practices have been enunciated. The constitutionality of sections relating to the undermining of the right to privacy has also been discussed. The Indian Computer Emergency Response Team or CERT-In and the services it provides as mentioned under the IT Act, 2000 have also been discussed.

Lastly, the retention of information by intermediaries, and its accompanying privacy issues have been enunciated in great depth. A brief overview of the state of Encryption Technology in India and the provisions provided in the law for the prescription of the same have been discussed.

List of documents referred: