As things stand, two primary laws control access to communication - TopicsExpress



          

As things stand, two primary laws control access to communication data in India. But neither expressly authorises surveillance nor does enough to protect privacy. It effectively only adds to the vacuum. The Indian Telegraph Act of 1885, a colonial-era law that continues to govern telecommunication law, gives the government the power to access information in the interest of public safety or in a public emergency — neither of which has been defined with any level of precision. The Information Technology Act of 2000, as amended in 2008, permits the government to intercept, monitor or decrypt information in the interest of the sovereignty or integrity of India, defence of India, security of the state, friendly relations with foreign states, or public order, or to prevent incitement to the commission of any offence. The lack of adequate safeguards to our privacy in both of these laws is telling — the intention in these laws, if anything, appears to be to strengthen the government’s prying powers as opposed to protecting civil liberties.
Posted on: Sat, 23 Nov 2013 04:36:12 +0000

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