Govt gives Sebi, RBI access to call data records
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Centre has decided to include Sebiand RBI among the nine agencies which will be authorized to accesss call data records (CDRs).
Sources in the home ministry, which is finalizing the new norms for interception in concert with the department of telecom, said that the inclusion of the central bank and market regulator is meant to help them track economic offences, including insider trading and money laundering.
Sources said these regulators had approached the Union home ministry seeking access to call details of subscribers suspected to be indulging in market manipulations or routing black money into the financial markets. For the RBI, access to CDRs is expected to help it track money laundering.
As of now, only the police is empowered to access CDRs under Section 92 of the Criminal Procedure Code (CrPC) on the basis of an FIR. However, there is no law in place to access CDRs in the absence of an FIR. It is to fill this lacunae that the ministries of home and telecom are now mulling changes in the Indian Telegraph Act to lay down the norms to regulate accessing of CDRs from the telecom service provider. The development comes against the backdrop of alleged attempts by a Delhi Police constable to access CDRs of leader of opposition in the Rajya Sabha Arun Jaitley.
The proposed changes in the Telegraph Act include making authorization by the home secretary or, possibly even a joint secretary in the home ministry as the home secretary is already burdened with the pile of tapping requests, mandatory for access of CDRs. However, there shall be a key difference between requests for lawful interception and CDRs. While only nine designated agencies — including CBI, Intelligence Bureau, R&AW, Narcotics Control Bureau, DRI, CBDT, ED, NIA — can make phone tapping requests, the field is likely to be thrown open wider for CDR requests. The thinking is that unlike tapping, where the content is monitored, the CDRs only give away limited information on numbers called and messaged, and can be handled by a wider list of agencies without seriously compromising privacy.
Sebi, RBI and all other investigative agencies without any tapping powers are therefore being considered for authorised access to CDRs. This will help them establish a trace of insider trading, market fraud or flouting of money laundering norms, and initiate timely action.
Sebi's plea to the home ministry for being named as an authorized agency to receive CDRs, has reportedly been endorsed by the finance ministry. Sources said Sebi Act empowers the regulator to call for information and records from any intermediary or person in respect of any transaction in securities which it is investigating. (Times of India)
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