Does Vigil of personal computers helping Security agencies

Ministry of Home Affairs (MHA) ordered to monitor all the computers in India on 20 December 2018

Ministry of Home affairs(MHA) ordered security agencies to put all computers under lawful watch in  India on 20-12-2018 as per press release on dated 21-12-2018. Number of computers are under scanner by Government agencies since then.

Although opposition parties has termed such monitoring or snooping of computers as breach of privacy .This decision is a direct attack on the fundamental right of privacy provided under constitution of India as per the opposition leaders.

What Government Agencies got by monitoring computers in last one month?

Since MHA ordered for monitoring of Computers across India one month has passed. On 27 December NIA arrested 10 people in connection with ISIS inspired  module called Harkat-ul-Harb-e-Islam. from Uttar pradesh .Was new order of MHA to monitor computer ,helped in tracing terrorist, can't be said .As such arrest were occured in past also ,before the new order came into effect.

What law government used to issue such order?

Rule 4 of the IT (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules 2009 provides that ‘The competent authority may authorise an agency of the Government to intercept, monitor or decrypt information generated, transmitted, received or stored in any computer resource for the purpose specified in sub-section (1) of Section 69 of the Act’.

What are the safeguard to avoid misuse of the order?

As per MHA statement ,this notification does not confer any new powers. Adequate safeguards are provided in the IT Act 2000. Similar provisions and procedures already exist in the Telegraph Act along with identical safeguards.

1.  To ensure that any interception, monitoring or decryption of any information through any computer resource is done as per due process of law.

2.   Notification about the agencies authorized to exercise these powers and preventing any unauthorized use of these powers by any agency, individual or intermediary.

3.   The above notification will ensure that provisions of law relating to lawful interception or monitoring of computer resource are followed and if any interception, monitoring or decryption is required for purposes specified in Section 69 of the IT Act, the same is done as per due process of law and approval of competent authority i.e. Union Home Secretary

Who will collect such a huge data?

 Ministry of Home Affairs has instructed and authorised 10 central Government agencies to monitor, intercept and decrypt “any information generation, transmitted, received or stored in any computer.”  The central agencies ordered  monitoring computer data include the Intelligence Bureau(IB), Narcotics Control Bureau(NCB), Enforcement Directorate(ED), Central Board of Direct Taxes(CBT), Directorate of Revenue Intelligence(DRI), Central Bureau of Investigation(CBI), National Investigation Agency(NIA), RAW, Directorate of Signal Intelligence (in J&K, North-East, Assam) and Commissioner of Police, Delhi.

 These agencies can direct any service provider, user or Incharge of computer to co-operate and provide assistance to monitor, intercept or decrypt data available failing to do so may lead to 7 years of imprisonment and fine too.

What is Controversial ?

Although as per MHA press release there is sufficient provision in the act to prevent any misuse of the Act, timing of this orders may raise questions as Loksabha elections are very near.