A call for accountable communications surveillance

Surveillance Cameras PIC: MORERI SEJAKGOMO
Surveillance Cameras PIC: MORERI SEJAKGOMO

Part III of the Criminal Procedure and Evidence (Controlled Investigations) Act, 2022 provides that an investigating officer shall not intercept communications unless authorised to do so by an interception warrant issued by the High Court.

Any person who intercepts communications without a warrant commits a criminal offence.

The legal framework for interception of communications recognises that interception of communications is highly intrusive hence the requirement that an investigation officer applying for an interception warrant must furnish information to the court on whether other less intrusive investigative procedures have been used and failed to produce the required evidence.

Editor's Comment
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