MHA authorises 10 central agencies to monitor computer communications, resources

Failure to comply with the agencies will result in seven years jail and a fine.

NEW DELHI: The Ministry of Home Affairs (MHA) has issued an order granting ten central intelligence and security agencies access to information stored, recieved or transmitted in computers.

The notice, issued on Thursday, says the agencies can intercept, monitor and decrypt “any information generated, transmitted, received or stored in any computer.” 

These ten agencies are:

1. Intelligence Bureau
2. Narcotics Control Bureau
3. Enforcement Directorate
4. Central Board of Direct Taxes
5. Directorate of Revenue Intelligence
6. Central Bureau of Investigation
7. National Investigation Agency
8. Cabinet Secretariat(RAW)
9. Directorate of Signal Intelligence(For service areas of Jammu & Kashmir, North-East and Assam only)
10. Commissioner of Police, Delhi

The order, issued under Section 69(1) of the Information Technology Act, was signed by Union Home Secretary Rajiv Gauba.

"In exercise of the powers conferred by sub-section (1) of section 69 of the Information Technology Act, 2000 (21 of 2000) read with rule 4 of the Information Technology ( Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009, the Competent Authority hereby authorises Security and Intelligence Agencies for the purposes of interception, monitoring and decryption of any information generated, transmitted, received or stored in any computer resource under the said Act," read the notice.

MHA: Competent authority hereby authorizes the following security and intelligence agencies (in attached statement) for purposes of interception, monitoring and decryption of any information generated, transmitted, received or stored in any computer resource under the said act pic.twitter.com/3oH9e7vv6T

— ANI (@ANI) December 21, 2018

The notification further explains that subscriber or service provider or any person in charge of the computer resource will have to share all facilities and technical assistance to the 10 listed agencies. Failure to do so will result in seven years jail and a fine.

"If the approval of the competent authority is not obtained within the said period of seven working days, such interception or monitoring shall cease and information shall not be intercepted thereafter without prior approval," the document stated.

With this, agencies can now conduct surveillance and monitor social media without prior approval from MHA.

With agency inputs