Bivas
Right to Privacy versus Spyware Pegasus
Bivas Chatterjee 31 Jul 2021

Right to Privacy versus Spyware Pegasus

The Phone Numbers of Over 40 Indian Journalists Hacked, Snooped & Put Under Surveillance. Forensic Tests Have Confirmed, As Per the Wire. The news has made a great upheaval in the mind of the people of India.

Now in India, Right of Privacy Is a Fundamental Right. There Are Section 5(2) Of Indian Telegraph Act and Section 69, 69a and 69 B Of Information Technology Act Which Provides Lawful Interception. One Enquiry Is Highly Required If the Allegation Is True. In this regard matters are pending before the Hon’ble Court of India praying for a Court monitored enquiry.

 

What is Lawful Interception:

 

·        INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011.

·        SECTION 69 OF IT ACT: POWER TO ISSUE DIRECTIONS FOR INTERCEPTION OR MONITORING OR DECRYPTION OF ANY INFORMATION THROUGH ANY COMPUTER RESOURCE. 

·        SECTION 69A OF IT ACT: POWER TO ISSUE DIRECTIONS FOR BLOCKING FOR PUBLIC ACCESS OF ANY INFORMATION THROUGH ANY COMPUTER RESOURCE. 

·        SECTION 69A OF IT ACT. Power to authorize to monitor and collect traffic data or information through any computer resource for Cyber Security.

·        INFORMATION TECHNOLOGY (PROCEDURE AND SAFEGUARD FOR MONITORING AND COLLECTING TRAFFIC DATA OR INFORMATION) RULES, 2009.

·        The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

·        Section 5 of Indian Telegraph Act : 5(2): On the occurrence of any public emergency, or in the interest of the public safety, the Central Government or a State Government or any officer specially authorized in this behalf by the Central Government or a State Government may, if satisfied that it is necessary or expedient so to do in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from any person or class of persons, or relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be transmitted, or shall be intercepted or detained, or shall be disclosed to the Government making the order or an officer thereof mentioned in the order

·        Rule 419A of the Indian Telegraph Rules

  • Provided that press messages intended to be published in India of correspondents accredited to the Central Government or a State Government shall not be intercepted or detained, unless their transmission has been prohibited under this sub-section.

Maharashtra v. Bharat Shanti Lal Shah & others

In State of Maharashtra v. Bharat Shanti Lal Shah & others ((2008) 13 SCC 5) the Hon’ble Court observed “The interpretation of conversation though constitutes an invasion of an individual right to privacy but the said right can be curtailed in accordance with procedure validly established by law. Thus, what the Court is required to see is that the procedure itself must be fair, just and reasonable and non-arbitrary, fanciful or oppressive.”

In the present scenario, we Badly Need the Data Privacy Act That Is the Data Privacy Bill, 2019 Should Be Converted into Act at The Earliest.

 NSO Pegasus Snooping: Is our democracy hacked?

NSO Pegasus Snooping: Is our democracy hacked? [Bengali]

”আমাদের ব্যক্তিস্বাধীনতার বিরুদ্ধে এক মারাত্মক পদক্ষেপ হতে চলেছে পেগাসাস’ বিস্ফোরক বিভাষ চ্যাটার্জী

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