Daijiworld Media Network - New Delhi (SP)
New Delhi, Dec 22: An order issued by the central government during late hours on Thursday December 20 has come as a shocker for many. As per this order, ten investigation agencies including Central Board of Direct Taxes, directorate of revenue intelligence, anti drugs unit, central bureau of investigation, National Investigation Agency, Delhi police commissioner, Research and Analysis Wing, and Intelligence Bureau, have been empowered to access any data from any of the computers in the country. The information they can access include calls and other information about individuals and other entities.
Prime Minister Narendra Modi
This order was issued by the cyber and information security division of home ministry. As against the earlier practice that only home ministry could scan information including calls of individuals, the new order has empowered several agencies to keep tab on any of the data in any of the computers with the prior permission of home secretary.
Home secretary, Rajiv Gauba, said in the order that the ten agencies named here enjoy powers to intercept monitor and decrypt any of the information generated, transmitted, received or stored in any of the computers. The agencies can also seize the devices if they feel it is needed in the interests of national security. Those who refuse to provide information to these agencies face jail terms extending up to a maximum of seven years.
All India Majlis Ittehadul Muslimeen president, Asaduddin Owaisi, said this order has encroached upon privacy of individuals, which is a fundamental right. In his tweet, he said that this effectively is the intent behind 'Ghar Ghar Modi' slogan of the government. He wondered how an executive can step into the domain that is best left to the judiciary. He pointed out that the order does not specify the reason for giving this power to agencies and that there is no monitoring of this work of these agencies.
These agencies have also been given power to decrypt data in any of the computer systems. It may be recalled that in a judgment delivered recently, the Supreme Court had held that such a surveillance should be backed by proper reasons. In the past, the agencies were required to get permission from the court and the government on individual bias to access personal information. It could be carried out only by the officer of the rank as specified in the order.
Similar views were expressed by Supreme Court lawyer, Chiranshul Sinha, who says that this order transgresses right to data privacy and against section 69(1) of IT Act.
Congress party has accused the government of bringing in an unconstitutional, anti-democratic step that is tantamount to attack on rights of the people. The party has drawn support from CPM Samajwadi party, Rashtriya Janatadal, Trinamool Congress and other parties. Finance minister, Arun Jaitley, however, asked the opposition parties to understand reality and accused them of making mountain of a molehill. He pointed out that this is an order that was passed when UPA was in power, which is being renewed every year and there is nothing new in it.