Editing Wiretapping (section)

===India===
In India, the lawful interception of communication by authorized law enforcement agencies (LEAs) is carried out in accordance with Section 5(2) of the Indian Telegraph Act, 1885 read with Rule 419A of Indian Telegraph (Amendment) Rules, 2007. Directions for interception of any message or class of messages under sub-section (2) of Section 5 of the Indian Telegraph Act, 1885 shall not be issued except by an order made by the Secretary to the Government of India in the Ministry of Home Affairs in the case of Government of India and by the Secretary to the State Government in-charge of the Home Department in the case of a state government.<ref>{{Cite web |title=Acts & Rules |url=http://dot.gov.in/act-rules/act-rules-content/act-rules-content/act-rules-content/act-rules-content/2423 |access-date=2016-03-06 |website=Department of Telecommunications |publisher=Government of India Ministry of Communications}}</ref> The government has set up the [[Centralized Monitoring System]] (CMS) to automate the process of lawful interception and monitoring of telecommunications technology. The government of India on 2015 December 2 in a reply to parliament question no. 595 on scope, objectives and framework of the CMS has struck a balance between national security, online privacy and free speech informed that to take care of the privacy of citizens, lawful interception and monitoring is governed by the Section 5(2) of Indian Telegraph Act, 1885 read with Rule 419A of Indian Telegraph (Amendment) Rules, 2007 wherein oversight mechanism exists in form of review committee under chairmanship of the Cabinet Secretary at Central Government level and Chief Secretary of the State at the state government level.<ref>{{Cite web |url=http://www.loksabha.nic.in |title=Parliament of India, Lok Sabha |access-date=2016-03-06}}</ref><ref>{{Cite web |url=http://gangothri.org/?q=node/7 |title=Telephone Tapping in India : Legal Provisions |date=2013-04-11 |website=Gangothri.org |url-status=dead |archive-url=https://web.archive.org/web/20150430215325/http://gangothri.org/?q=node/7 |archive-date=2015-04-30 |access-date=2018-01-20}}</ref> Section 5(2) also allows the government to intercept messages that are public emergencies or for public safety.<ref>{{Cite journal|last=Arun|first=P.|date=2017|title=Surveillance and democracy in India: Analysing challenges to constitutionalism and rule of law|journal=Journal of Public Affairs and Change|volume=1|pages=47–59|via=jpac.in}}</ref>