Question : Central Monitoring System

(a) whether the Government has set any minimum designation level in the police or other Central Law Enforcement Authority required for accessing the data on the Central Monitoring System (CMS), if so, the details thereof;

(b) whether the Government has set any legal procedure for obtaining a Call Detail Record (CDR) through the CMS database, if so, the details thereof and if not, the reasons therefor;

(c) the details of the current status of operationalisation of the CMS project; and

(d) the details of Government organizations or agencies involved in the operation and management of CMS?

MINISTER OF STATE FOR COMMUNICATIONS, EDUCATION AND
ELECTRONICS & INFORMATION TECHNOLOGY
(SHRI SANJAY DHOTRE)

(a) Central Monitoring System (CMS) is used by designated Law Enforcement Agencies (LEAs) including Police for lawful interception and monitoring.
As per Rule 419(A) of Indian Telegraph (1st Amendment of 2014) Rules, 2014 the directions of interception shall specify the name and designation of the officer to whom the intercepted information is to be disclosed. Further, Ministry of Home Affairs has authorized the heads of ten Central Law Enforcement Agencies (LEAs) for lawful interception and monitoring under the provisions of section 5(2) of the Indian Telegraph Act,1885 read with rule 419A of Indian Telegraph (1st Amendment of 2014) Rules, 2014 and section 69 of the Information Technology Act, 2000 read with the Information Technology (Procedure and Safeguards for Interception, Monitoring and Decryption of Information) Rules, 2009.
(b) At present, CMS is not being used for obtaining Call Detail Record (CDR).
(c) CMS has been operationalized across the country.
(d) The operation and management of CMS is being done by Department of Telecommunications and C-DOT.
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