The Delhi High Court has sought the Centre’s response on a plea by NGO Centre for Public Litigation alleging that the government is tapping phones and storing all the data from the internet traffic through 3 methods in breach of privacy.
The plea has alleged “360 degree surveillance mechanism of all citizens” by the Government. The right to privacy was being endangered by the execution and operation of surveillance systems like the Centralised Monitoring System (CMS), Network Traffic Analysis (NETRA) & National Intelligence Grid (NATGRID).
A bench of the Chief Justice DN Patel and Justice Prateek Jalan has issued notice to the Ministry of Home Affairs, Information Technology, Communications and Law and Justice to file their counter affidavit and list the matter for further hearing on January 7, 2021.
During the hearing, petitioner submitted that CMS system is similar to a system in the USA, NATGRID covers bank transactions, bank details, airline ticket bookings etc. All this is against the right to privacy. He said all these are against the KS Puttuswamy judgment by the Supreme Court (Privacy Judgement).
The petitioner claimed that the Surveillance Projects allows the authorised central and state law enforcement agencies to intercept and monitor all and any Telecom and Internet Communications in bulk’ leading to a mass illegal dragnet surveillance system by the state’ thereby infringing the fundamental right to privacy of individuals.
The NGO has sought directions to the Centre to permanently stop the execution and operation of the surveillance projects, CMS, NETRA and NATGRID.
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It also sought a constitution of a permanent independent oversight body judicial and/or parliamentary body, for issuing and reviewing lawful interception and monitoring orders/
warrants under the enabling provisions of Indian Telegraph Act, 1885 and the Information Technology Act, 2000.