South African Constitutional Court declares bulk surveillance powers unlawful (RICA, Regulation of Interception of Communications Act)
SA authorities monitored secretly and without checks millions of people, residing in SA or not
The court balanced the right to privacy against state surveillance to guarantee national security and combat crime.
Findings
– a blanket prohibition facilitates the abuse of interception directions, which are granted and implemented in complete secrecy. RICA fails to provide for notifying the individual under surv. the surveillance as soon as it can be done w/o jeopardising the purpose.
– RICA’s designated Judge may authorise surveillance of comm. The wide discretion to appoint/renew them raises alarm concerning its independence
RICA is also unCN because it:
– lacks sufficient safeguards to address the fact that interception directions are sought and obtained ex parte
– fails to adequately prescribe procedures to ensure that data obtained pursuant to the interception of communications is managed lawfully and not used or interfered with unlawfully.
– fails to protect the confidentiality of lawyer-client communications and journalists’ sources
Finally, bulk surveillance (apparently allowed by National Intelligence Act) is unlawful and invalid
Press release – summary
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