MHA surveillance notification doesn't infringe upon Right to Privacy: Centre to SC

The Centre defended before the Supreme Court its December 20 notification allowing 10 central agencies to monitor and decrypt information stored on any computer for national security.

In an affidavit filed before the apex court, the Centre said the decision doesn't infringe upon the Right to Privacy and was done with legitimate state interest.

The affidavit stated that there are enough safeguards under the Information Technology Act and rules to ward off unwarranted invasion into the privacy of people.

It added, "There is no blanket permission to any agency for interception or monitoring or decryption as the authorised agencies still require permission of the competent authority in each case as per the due process of law and justification for the interception."

The affidavit was filed on a bunch of Public Interest Litigations (PILs) against the Ministry of Home Affairs (MHA) notification allowing 10 agencies to conduct mass surveillance.

The pleas had contended that the MHA order was 'illegal' and 'unconstitutional'.

On December 20, 2018, the Centre authorised select security and intelligence agencies for purposes of interception, monitoring and decryption of any information generated, transmitted, received or stored in any computer resource.

The agencies empowered by the government in accordance with the Information Technology Act, 2000, include the Intelligence Bureau (IB), Narcotics Control Bureau, Enforcement Directorate (ED), Central Board of Direct Taxes (CBDT), Directorate of Revenue Intelligence (DRI), Central Bureau of Investigation (CBI), National Investigation Agency (NIA), Cabinet Secretariat (RAW) and the Commissioner of Police, Delhi.