Watchdog’s power to seek call data records affirmed

A recent public interest litiga- tion filed before Bombay High Court by the Indian Council of Investors alleged that the Securities and Exchange Board of India (SEBI) “violates and infringes the fundamental right of privacy available to citizens of India” by possessing the power to seek call data records (CDRs) and details of tower location from telecom service providers, and that it should “cease, desist and refrain” from calling for this information. While the court upheld SEBI’s powers, it also advised caution in the exercise of these powers, in order to avoid possible misuse and violation of an individual’s right to privacy.

‘Metadata’ versus content

CDRs are kept by telecommunication companies for billing purposes, and contain specifics on who made a call, who received a call, and how long the call lasted, but do not disclose informa- tion about call content. Thus, CDRs in effect are “metadata” – a sort of “infor- mation about information”.

Currently, nine agencies are per- mitted to request phone-tapping in India under the Indian Telegraph Act, 1885, and the rules made under it, namely: (i) the Intelligence Bureau; (ii) the Narcotics Control Bureau; (iii) the Directorate of Enforcement; (iv) the Central Board of Direct Taxes; (v) the Directorate of Revenue Intelligence; (vi) the Central Bureau of Investigation; (vii) the National Investigation Agency; (viii) the Research and Analysis Wing (India’s foreign intelligence agency); and (ix) the Directorate of Signal Intelligence, Ministry of Defence.

Suhail Nathani, a partner at Economic Laws Practice, and Yogesh Chande, an associate partner, represented SEBI before Bombay High Court in the above matter. Malek-ul- Ashtar Shipchandler, a trainee, assisted with research for this article, which is intended for informational purposes and does not consti- tute a legal opinion or advice.