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Centre says it has no data on phone tapping -S Vijay Kumar

-The Hindu

CIC rules information not exempted under Right to Information Act, Union Home Ministry says records destroyed every six months.

Even as the controversy over the Government of India allegedly deploying Pegasus spyware to snoop on top politicians, journalists, activists etc refuses to die down, the Ministry of Home Affairs has sprung a surprise saying it maintains no data of lawful interceptions made by authorised intelligence/law–enforcing agencies.

In a written submission before the Central Information Commission, the MHA explained its inability to provide information called for by an applicant on the details of phone tapping by 10 agencies during a certain period saying it does not maintain any statistical information/data related to lawful interception and monitoring and that the desired information is not available. 

The Union Ministry made it clear that such records were weeded out every six months in compliance with the provisions under Section 5(2) of the Telegraph Act, 1885, and Section 69 of the Information Technology Act, 2000. The subject matter being highly classified information, minimal records were maintained and statistical data was not compiled.

The MHA in its affidavit to the CIC said records pertaining to directions for interception and of the intercepted messages were destroyed every six months unless such data was required for functional requirement. Explaining the power of interception in larger national interest in preventing terrorism, drug trafficking and busting of narcotic drugs racket, it placed reliance on a list of cases where major cases were detected/cracked by the use of the laid down procedure of interception.

The case arises out of a petition calling for the number of lawful interceptions made by the 10 agencies between January 1, 2016 and December 27, 2018. The MHA’s Public Information Officer and the First Appellate Authority declined the information sought by claiming exemption under Section 8(1)(a), (g) and (h) of the RTI Act, 2005.

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