IFF flags privacy fears over draft surveillance rules allowing SIM and device shutdown without court order

The Internet Freedom Foundation (IFF) has expressed strong objections to the Department of Telecommunications' suggested changes to India's interception and cybersecurity regulations, claiming these modifications could severely undermine digital privacy and free speech rights. In a formal submission made on July 18, the IFF criticized the draft Interception Rules, 2025, and Cyber Security Rules, 2025, arguing that they bestow excessive authority upon the government to control online communications. The proposed amendments would empower authorities to gather traffic data, monitor communications, and even disable mobile SIM cards or devices without prior judicial consent, citing ambiguous notions of 'public interest'. The IFF highlighted that such regulations would enable the government to access user data and disconnect services without any requirement for oversight from a judge or independent body. The review process is limited to government officials evaluating their own conduct, raising concerns about accountability. A significant point of contention is the definition of “Telecommunication Identifier User Entities” (TIUEs), which may encompass any platform utilizing telecom identifiers for user identification or service delivery. The organization warns that this could subject over-the-top (OTT) platforms, e-commerce businesses, and various digital services to telecom regulations, contrary to previous commitments from Minister of Communications Ashwini Vaishnaw that OTTs would be exempt from the Telecom Act. Moreover, the IFF pointed out the troubling possibility that users may not be informed if their services are terminated or if they come under surveillance, leaving them without recourse. This approach, the IFF argues, contradicts Articles 19(1)(a) and 21 of India’s Constitution, which protect the rights to free expression and personal liberty. The IFF is urging the government to reconsider its stance by: - Narrowing the definition of TIUEs to only include licensed telecom providers. - Instituting judicial and independent oversight, including review panels led by former judges. - Guaranteeing user notifications and formal orders to facilitate access to legal remedies. Additionally, the organization has proposed alternative wording for the draft regulations as part of its recommendations.