CDR the wonder-word

CDR is the Wonder-Word which can open a number of legal ways to rebut a false implication. It can scientifically show that you were not present at a particular place at a given point of time. There are some variables e.g. Azimuth which can show that although you were there but still your location was different. Azimuth is provided by the Network Service Providers only when they are asked by the authorities to provide this detail.

How long is CDR stored with telecom Companies

Call Data is stored by telecom companies for a period of 6 months, in pursuance of the government guidelines. Due to high storage costs (almost amounting to several Petabytes per year), telecom companies choose to store only a limited amount of data, say for six months, or a year or so. They archive all the old data and keep it on some magnetic storage. These archives cannot be easily retrieved except in situations where there is governmental pressure, for example, in high profile cases or cases posing threat to the national security. The law relating to data retention is found in ISP and UASL Licenses.

Unified Access Services License (UASL)

There are, currently, 22 service areas in India, classified into 4 metros: A. Delhi, B. Mumbai, C. Kolkata, and D. Chennai are the four metros. The four wireless networks in India are:

• • Airtel India
  • Reliance (Jio)
  • Vodafone + Idea (now merged)
  • BSNL + MTNL

The first three are privately owned, while the fourth one BSNL + MTNL is State owned. As per the License Agreement, these cellular operators have to abide by all ITU (International Telecommunication Standards). According to Clause 41.20 (xv) of the License Agreement, “Complete audit trail of the remote access activities pertaining to the network operated in India should be maintained for a period of six months and provided on request to the licensor or any other agency authorized by the licensor”. It means that telecom companies can maintain the CDR (Call Data Records) for a period of six months. According to Clause 41.10 of this License Agreement, the aforementioned service providers are required to make necessary arrangement for monitoring the telecommunication traffic and reveal to the State or Central Government all the data relating to it. Along with that, the following data is also required to be maintained:

1. 1. Mobile numbers/PSTN[1]numbers of both the parties (the caller and the receiver)
   2. Time, date and duration of interception

Location (along with Cell ID) of the subscribers

• Telephone numbers in case call-forwarding is active on the number

1. 1. Data records of failed call attempts

CDR of roaming subscriber

The companies are also required to provide, as is mentioned in Clause 41.20 (x), the exact geographical location (BTS location) of the user of the network, at any given point of time.

Who can seek the CDR?

Due to the case of late BJP leader Sh. Arun Jaitley’s phone was allegedly tapped, the government has re-issued guidelines regarding extraction of CDR. According to the new guidelines, no officer with rank less than that of a Police Superintendent can obtain CDR from telecom companies. The amended guidelines essentially are:

• • Firstly, CDR details cannot be accessed by any officer with rank less than that of an SP.
  • The concerned officer is required to make a directory of the obtained records and submit it to the District Magistrate every month.
  • The DM is then required to send the details to the concerned Chief Secretary so that a state-wise record can be maintained.

Accordingly, every Additional Commissioner of Police (ACP) or Deputy Commissioner of Police (DCP) of the district, the Crime Branch, Economic Wing, Special Cell, IG Airport ACP and Special Cell, Crime Branch have been authorized to obtain CDRs.

How long does the process of extracting CDR take?

There is no clear law on the period of time within which the CDR is to be provided by the Network Service Provider. Yet, in cases of urgency a priority letter is written by the authority who had demanded the CDR.

How can an individual obtain CDR

An individual has no right to take his CDR from the Network Service Provider. However, when a case is pending before a Court of law and some direction is issued by the Court about the CDR concerned then the Network Service Provider are bound to produce the relevant CDR on the direction of the Court.

Evidentiary Value of CDR

CDR is admissible as secondary evidence in court. Earlier, it was a necessary requirement for CDR to be accompanied with a certificate as prescribed under Section 65 B (4) of the Indian Evidence Act, 1872. Recently, while interpreting Section 65 B of the Act, the Supreme Court has decided that it is not mandatory to submit such a certificate in the interest of justice.

Step-by-Step Guidelines

1. If you need call log for a particular period then you may request your Network Service Provider to provide you the details which you need. All Network Service Providers have their policies in that regard. The request to your Network Service Provider can be made by writing them through mail or by visiting the local outlets of the Network Service Provider or by visiting their website.
2. In case, your demand is not granted by the Network Service Provider you may institute legal proceedings through your advocates. In such cases you may move the Court through an application seeking the call log of that particular period.
3. There are some third-party apps also which help you recover your lost data from a mobile phone. A list of such apps has been provided in Methods of Mobile Device Extractions.

[1] public switched telephone network (PSTN)

1. Distance Advocacy