DOTEL/R/E/20/00051/1

DOTEL/R/E/20/00051/1
Request :

Kindly provide the following information in the form of Circulars/Notifications/Relevant Part of the User License Agreement/Unified License Agreement/Rules/Sub Rules/Standard Operating Procedure/Directions/Standing Orders/in any another form available, on the Subject:--Latest/Revised Guidelines on the Obtaining of Call Detail Records from Telecom Authorities and Use of the CDR by investigating agencies in India.

1. Under Section 2 j iii of the RTI Act, 2005, certified copy of the revised guidelines/relevant part of such latest guidelines, currently being followed in India , issued on the Obtaining of Call Detail Records from Telecom Companies by the Investigative agencies/Police/etc.
2.Certified Copy of Guidelines issued by the TRAI/Department of Telecommunications, Government of India, or The Ministry of Home Affairs, Government of India, on/after 28th July, 2016 tiil date, i.e., 13 January 2020, on the process of Obtaining Call Detail Records from Telecom companies, by the Police/Investigating Agencies.
3.Which rank of the Police Officer has been authorized to obtain Call Detail Records of any Citizen/Ministers in India, after Arun Jaitley phone was illegally snooped in 2013 and subsequently, after the revised guidelines were issued by the Ministry of Home Affairs in july
2016 in order to prevent the misuse of CDRs by Police/Investigative agencies.
4. Under the existing rules, for what maximum period of time (in years/months, investigating agencies/Police has been authorised to obtain the CDRs of an individual.

Apeal Reply

The information given by the CPIO in respect of the RTI application is as follows: At the outset, it is to mention that the information sought by you under Right to Information Act, 2005 pertains to creating information by drawing inference and/or making of assumptions or interpreting information for furnishing replies to hypothetical questions viz. “Which…...”, “What…..”, etc which do not fall under the definition of “Information” under section 2(f) of the RTI Act, 2005. Further, in terms of para 10 of the Guide on Right to Information Act, 2005 issued by Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pension vide OM No.1/32/2013-IR dated 28th November, 2013, the CPIO is neither supposed to create information that is not a part of the record of the public authority nor required to furnish information which require drawing of inference and/or making of assumptions: or to interpret information However, in respect of the subject matter of your querries, you may refer to 8.3 (Chaptr-VIII) of License Agreement for Unified License which can be downloaded from the DoT website from the URL: Http://dot.gov.in/sites/default/files/Unified%20Licence_0.pdf Further, your RTI application is being transferred under Section 6(3) of RTI Act, 2005 to 1. Sh.S.K.Dutta, CPIO, Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan, Jawaharlal Nehru Marg, Old Minto Road, New Delhi-110 002 and 2. Smt. Sulekha, Director(S) & CPIO, Deptt. of J&K Affairs, Ministry of Home Affairs, North Block, New Delhi for providing information, if any, directly to you/ transferring to the concerned CPIO. Hence, it is felt that a suitable reply was given by the CPIO.

Apeal Received Date:
Sunday, January 26, 2020