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Mayank Sapra is a Delhi-based advocate. He has appeared against the Union of India and various State agencies in several matters including the challenge to the vires of the Aadhaar Act.

Articles

Law and Technology

Is MHA order a ‘licence to snoop’?

Considering the elaborate scheme of Sections 69(1) of IT Act, 69(2) of IT Act and Rule 4 of IT Rules, even a cursory glance at MHA order would reveal that, MHA order is merely an authorisation and not a direction. It follows as a logical corollary that, the 10 agencies which have been authorised, cannot, merely based on MHA order, intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted or received or stored in any computer resource; at least legally.

December 26,2018