IFF flags privacy fears over draft surveillance rules allowing SIM and device shutdown without court order
India’s Internet Freedom Foundation is raising the alarm over sweeping changes to surveillance rules that could drastically expand the government’s power to track and disconnect digital users, all without judicial oversight.
- Jul 23, 2025,
- Updated Jul 23, 2025 1:08 PM IST
The Internet Freedom Foundation (IFF) has submitted a formal objection to the Department of Telecommunications’ proposed amendments to India’s interception and cybersecurity rules, warning that the new provisions could place wide-ranging digital services under telecom-style regulation and threaten fundamental rights to privacy and free speech.
In its submission dated July 18, IFF criticised the draft Interception Rules, 2025 and Cyber Security Rules, 2025, saying they grant the government excessive control over online communications. Under the proposed changes, authorities would be able to collect traffic data, intercept communications, and even disconnect mobile SIMs or entire devices based on vague grounds of “public interest,” all without informing users or obtaining judicial approval.
“These rules enable the government to collect your user data, metadata, and even disconnect your SIM or device on grounds of ‘public interest’. There is no requirement for a judge or an independent authority to sign off on such actions,” IFF said in its filing. The review mechanism, it noted, is limited to government officials assessing their own actions.
One of the central concerns is the proposed definition of “Telecommunication Identifier User Entities” or TIUEs, which could include any platform that uses telecom identifiers for identifying users or delivering services. This, IFF argues, would extend telecom-style regulation to OTT platforms, e-commerce players, and other digital services, contradicting earlier assurances from Minister of Communications Ashwini Vaishnaw that OTTs would be left out of the Telecom Act’s remit.
The organisation also pointed out that affected users may never be notified if their access is cut off or if they are placed under surveillance, leaving them with no way to seek redress. This, IFF said, runs afoul of Articles 19(1)(a) and 21 of the Constitution, which guarantee the rights to free expression and personal liberty.
“Access may only be restricted on the specific grounds laid out in Article 19(2),” the IFF submission read. “The current rules allow device disconnection if deemed expedient in the public interest, a justification the Constitution does not recognise.”
In response, IFF has urged the government to: • Limit the scope of TIUEs strictly to licensed telecom operators. • Introduce judicial and independent oversight, with review committees chaired by former judges. • Ensure user notification and written orders to enable access to legal remedies.
IFF has also submitted alternative language for the draft provisions as part of its recommendations.
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The Internet Freedom Foundation (IFF) has submitted a formal objection to the Department of Telecommunications’ proposed amendments to India’s interception and cybersecurity rules, warning that the new provisions could place wide-ranging digital services under telecom-style regulation and threaten fundamental rights to privacy and free speech.
In its submission dated July 18, IFF criticised the draft Interception Rules, 2025 and Cyber Security Rules, 2025, saying they grant the government excessive control over online communications. Under the proposed changes, authorities would be able to collect traffic data, intercept communications, and even disconnect mobile SIMs or entire devices based on vague grounds of “public interest,” all without informing users or obtaining judicial approval.
“These rules enable the government to collect your user data, metadata, and even disconnect your SIM or device on grounds of ‘public interest’. There is no requirement for a judge or an independent authority to sign off on such actions,” IFF said in its filing. The review mechanism, it noted, is limited to government officials assessing their own actions.
One of the central concerns is the proposed definition of “Telecommunication Identifier User Entities” or TIUEs, which could include any platform that uses telecom identifiers for identifying users or delivering services. This, IFF argues, would extend telecom-style regulation to OTT platforms, e-commerce players, and other digital services, contradicting earlier assurances from Minister of Communications Ashwini Vaishnaw that OTTs would be left out of the Telecom Act’s remit.
The organisation also pointed out that affected users may never be notified if their access is cut off or if they are placed under surveillance, leaving them with no way to seek redress. This, IFF said, runs afoul of Articles 19(1)(a) and 21 of the Constitution, which guarantee the rights to free expression and personal liberty.
“Access may only be restricted on the specific grounds laid out in Article 19(2),” the IFF submission read. “The current rules allow device disconnection if deemed expedient in the public interest, a justification the Constitution does not recognise.”
In response, IFF has urged the government to: • Limit the scope of TIUEs strictly to licensed telecom operators. • Introduce judicial and independent oversight, with review committees chaired by former judges. • Ensure user notification and written orders to enable access to legal remedies.
IFF has also submitted alternative language for the draft provisions as part of its recommendations.
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