Kohima, 12 September (MTNews): MLA Kuzholuzo Nienu raised a question concerning the “Guidelines and Rules for Tapping of Phone” during the second session of the 14th legislative session on 12 September 2023. Specifically, he inquired about the state’s procedures and standard operating procedures (SOPs) followed by the Home Department when intercepting telephonic conversations, SMS, and WhatsApp messages.
Nienu also sought information on whether these rules are consistently adhered to, the criteria for conducting such interceptions, the total number of telephonic interceptions carried out in 2023, and whether the relevant authorities follow the necessary protocols.
In response to Nienu’s inquiry, Deputy Chief Minister Y Patton explained that the state follows established rules and SOPs for lawful interception in accordance with the provisions of Section 5(2) of the Indian Telegraph Act of 1885, the Indian Telegraph (Amendment) Rules of 2007, Section 69, 69A, and 69B of the IT Amendment Act of 2008, as well as the Information Technology (Procedure & Safeguards for Interception, Monitoring & Decryption of Information) Rules of 2009.
Patton emphasized that the number of telephonic interceptions conducted in the interest of state security, public order, and prevention of offenses is confidential, with the primary goal being to ensure the safety of the state and the privacy of its citizens.
Regarding the broader issue of “Guidelines and Rules for Tapping of Phone,” Imchen acknowledged the inherent conflict between the imperative of national security and crime prevention and an individual’s right to privacy. He noted that striking a balance between these competing interests is a complex undertaking, often leading to debates and contradictions over the legality and ethics of phone tapping.