Nicosia, Cyprus. The government has amended its proposed phone-tapping legislation to allow the attorney-general to order the interception of telecommunications without prior court approval under narrowly defined “exceptional circumstances” linked to state security.
Bill presented to House committee
The bill, recently approved by cabinet, was presented in a closed session of the House legal affairs committee attended by incumbent attorney-general George Savvides, his deputy Savvas Angelides, Justice Minister Costas Fitiris, and other senior intelligence officials.
Timeline for passage
The intention is to pass the bill through parliament before its dissolution on April 23, ahead of the May parliamentary elections.
Key changes to the draft law
The draft law makes two significant changes from the original agreed in early February. It expands the list of serious offences for which the attorney-general may apply to a court to lift telecommunications secrecy, and introduces a mechanism allowing phone tapping without judicial approval.
Exceptional authorisation without judicial approval
Under the proposal, the attorney-general would be able, in exceptional cases, to give written authorisation directly to the intelligence services or the police chief to monitor communications “for reasons of state security.” This would mark the first time a court is fully bypassed in the surveillance process.
Proposed constitutional amendment
The power would rest on a proposed constitutional amendment stating that interference with communications may occur “upon written approval of the attorney-general, given in accordance with the provisions of the law, and where the interference constitutes a measure which is necessary in the interest of preventing and countering activities constituting a threat to the security and sovereignty of the republic”.
Companion bills and parliamentary debate
MPs were told that two companion bills are being drafted to regulate how the new framework would operate in practice, including safeguards intended to address concerns over the removal of judicial oversight. All three bills are expected to be debated together in a plenary session of parliament once finalised.
How do you think the proposed safeguards should address concerns about interceptions authorised without court approval?