The Union government on Wednesday filed an affidavit before the Delhi High Court on behalf of the Ministry of Home Affairs (MHA) and the Ministry of Communications and Information Technology defending the Centralized Monitoring System (CMS), Network Traffic Analysis (NETRA), and the Ministry of Home Affairs (MHA). National Intelligence Grid (NATGRID) surveillance system.
These systems are related to information sharing and surveillance between law enforcement agencies. It also allows bulk collection and analysis of personal data by law enforcement agencies.
The affidavit, filed before the Delhi HC, said the joint petition, filed by the NGO Center for Public Interest Litigation (CPIL) and Software Freedom Law Center (SFLC), challenged these projects as violation of confidentiality and illegal surveillance. “factually and technically”. False knowledge gathered from apparently unconfirmed sources”.
It added that “the serious threats from radicalism, cross-border terrorism, cybercrime, organized crime and drug cartels cannot be underestimated, thus requiring prompt decisions on requests for legitimate interception.”
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It also said that all surveillance or data gathering requests will have to come from legitimate law enforcement agencies and will be investigated as per rules under the Telegraph Act and the IT Act.
The PIL had sought the creation of a monitoring mechanism on the upcoming surveillance systems on the grounds that they may allow widespread public surveillance and breach of privacy.
On the other hand, the government has now said that these systems do not give any broad permission for agencies to perform surveillance, interception or decryption, and any surveillance would require permission from the competent authority.
The Center has also clarified that the NATGRID project will not allow “real-time profiling” of individuals, but will allow agencies to “facilitate access to information” selectively about entities as a part of the anti-terrorism framework. will allow access to information. different data sources.”
This means that the system will allow law enforcement agencies to pool data collected by different agencies under the Code of Criminal Procedure and other laws.
The Center said the monitoring mechanism is already in place, and there is no reason to demand further inspection. It further said that review committees have been provided for the interception orders under the Telegraph Act and Rules, with the Cabinet Secretary heading the review committee.