Call Recording: A recent report has surfaced that Indian users are being spied on with the help of Pegasus spyware. Also in 2019, a case was filed against the Israeli spyware maker NSO Group over Pegasus spyware in 20 countries around the world, including India. This spyware attacks your phone and spies on your information, messages and calls etc. This raises a question in mind that this is similar to legally done phone tapping but is done illegally. It also raises the question of whether someone's phone can be tapped. Another big question is whether the call record program that everyone has in their phone is legally correct.
Can we record the call of anyone who is talking to us? Learn interesting things related to call recording and tapping.
First understand phone tapping / recording
State and central governments or security agencies monitor a person's phone conversations through phone tapping. Thus it is completely illegal to listen to or record anyone's conversation. Because it is a violation of privacy law. But, if the government or security agencies suspect that a person is working illegally or against the country, his phone can be tapped. All this is not easy. An official law has been enacted on it.
Regulation occurs under the Kaya Act
Under Section 5 (2) of the Indian Telegraph Act 1985, the Central and State Governments have the right to phone tapping. Your phone can be tapped if the government or a legal agency thinks you are at risk. In this situation, the government can record any conversation in the interest of the state and public safety without informing it. Under normal circumstances it is illegal to record a person's conversation under Article 21 without their permission. According to the Supreme Court, the fundamental right to life is granted under Article 21 and the right to privacy is an integral part of it.
It often happens that people record all the calls coming to them. In the age of smart phones, all the apps have made this extremely easy. Many people listen to others by recording someone's call but be aware that it is a violation of the right to privacy. If you record someone's call and that person finds out about it, they can file a complaint against you. It can also lead to legal action against you
.
What if someone records your call?
If you think someone is recording your talk and they suspect that it is being used for your reputation, security or privacy. There are several remedies that can be harmful. This way you can say yes to your fundamental rights so you can contact the Human Rights Commission. Or you can file an FIR against someone you suspect. So if an official has recorded a call on the instructions of the Center or the government and someone leaks it which should not be the case then you can file a legal case against the accused under Section 16 (b) of the Indian Telegraph Act.
