Lok Sabha Question No. 351 (UNSTARRED), answered on 2019-11-19
Subject: WhatsApp Tapping
Ministry: HOME AFFAIRS
Asked by: Dayanidhi Maran

## GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 351

TO BE ANSWERED ON THE 19 TH  NOVEMBER, 2019/ KARTIKA 28, 1941 (SAKA)

WHATSAPP TAPPING

351.  SHRI DAYANIDHI MARAN:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether the Government does Tapping of WhatsApp calls and Messages in the country;

(b) if so, the details thereof;

- (c) the protocol being followed in getting permissions before tapping WhatsApp calls and messages;
- (d) whether it is similar to that of mobile phones/telephones;
- (e) whether the Government uses Pegasus software of Israel for this purpose;
- (f) if so, the details thereof; and
- (g)  whether  the  Government  does  tapping  of  calls  and  messages  of  other platforms like Facebook Messenger, Viber, Google and similar platforms and if so, the details thereof?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a) to (g) :  Section 69 of the Information Technology Act, 2000 empowers the Central Government or a State Government   to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted, any information generated, transmitted, received or stored in any computer resource in the interest of the sovereignty  or integrity  of  India,  security  of  the  State,  friendly  relations  with foreign States or public order or for preventing incitement to the commission of any cognizable offence relating to above or for investigation of any offence.

## LS.US.Q.NO.351 FOR 19.11.2019

Similarly,  Section  5  of  the  Indian  Telegraph  Act,  1885  empowers  lawful interception of messages on occurrence of public emergency or in the interest of public safety.

This  power  of  interception  is  to  be  exercised  as  per  provisions  of  law,  rules and Standard Operating Procedure (SOP).  Each such case is approved by the Union Home Secretary, in case of Central Government; and by Home Secretary of the Stateconcerned, in case of a State Government.The competent authority in  the  Central  Government  has  authorized  following  10  agencies  for  this purpose:

- i) Intelligence Bureau;
2. ii) Narcotics Control Bureau;
3. iii) Enforcement Directorate;
4. iv) Central Board of Direct Taxes;
- v) Directorate of Revenue Intelligence;
6. vi) Central Bureau of Investigation;
7. vii) National Investigation Agency;
8. viii) Cabinet Secretariat (RAW);
9. ix) Directorate of Signal Intelligence (For  service  areas  of  Jammu  & Kashmir, North East and Assam only)

## x) Commissioner of Police, Delhi

Any  interception  or  monitoring  or  decryption  of  any  information  from  any computer resource can be done only by these authorized agencies as per due process of law, and subject to safeguards as provided in the rules and SOP.

The  safeguards  and  review  mechanism  have  been  prescribed  in  Rule 419A of the Indian Telegraph Rules and the Information Technology (Procedure and  Safeguards  for  Interception,  Monitoring  and  Decryption  of  Information) Rules, 2009 and Standard Operating Procedure issued for the purpose. There is no  blanket  permission  to  any agency  for  interception  or  monitoring  or decryption  and  permission  from  competent  authority  is  required,  as  per  due process  of  law  and  rules,  in  each  case.    Each  case  is  also  reviewed  by  a Committee Chaired  by  the  Cabinet  Secretary  in  case  of  Central  Government and Chief Secretary of the State concerned in case of a State Government.

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## LS.US.Q.NO.351 FOR 19.11.2019