State govts may soon need Centre's permission to intercept calls, messages outside jurisdiction

New Delhi: State governments may have to seek permission of the Union Home Secretary if it wants to order interception of calls and messages outside its territorial jurisdiction, according to new draft rules.

At present under the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Rules, 2024, the Union Home Secretary authorises interception of calls and messages at the central level and the Secretary in-charge of Home Department in states authorises such action.

The rules were not clear about the powers of the states to intercept calls and messages outside its jurisdiction.

The draft amendments to the existing 2024 Rules have been publicised on Friday and given a deadline of 30 days to present objections and views. Once approved, it will be known as the Telecommunications (Procedures and Safeguards for Lawful Interception of Messages) Amendment Rules, 2025.

According to the draft amendment, the state governments have to seek the permission of the Union Home Secretary for interception of calls and messages outside the territorial jurisdiction of the state.

“...notice is given that the said draft rules shall be taken into consideration after the expiry of thirty days from the date on which copies of this notification as published in the Gazette of India, are made available to the public,” the notification said.