Interception of Communications (Amendment) Bill (2019) passed without amendments

– proposes five amendments to the Act

– warrants to intercept communication will be issued by members of the judiciary

– exceptions to be made when there are threats to national security

 

DPI, Guyana, Wednesday, May 15, 2019

 

The Interception of Communications [Amendment] Bill 2019 was today, considered in the Committee of Supply and passed without amendments.

The five amendments were presented by Minister of Public Telecommunications, Catherine Hughes who told the National Assembly that it seeks to provide more exceptions, as compared to the Act, which only has two included.

“If a person has reasonable grounds for believing that the person to whom or by whom, the communication is transmitted, consents to the interception, or if the communication is not a private communication etc.”

Minister Hughes noted that most of these exceptions can be found in similar legislation across the region, and it has significant impact.

“Section 3 of the Interception of Communication Act makes it an offence to intercept a communication in the course of its transmission. Such an offence is punishable by a fine of not more than $5M and imprisonment up to three years,” the minister pointed out.

In other jurisdictions, such laws have raised privacy concerns; however, a critical safeguard that is implemented in many countries and is being done in Guyana, is that members of the judiciary issue warrants to intercept.

The Public Telecommunications minister made it clear that this will be the case in Guyana, with exceptions to intercept communication in cases where national security is threatened.

The Interception of Communication [Amendment] Bill 2019 was published on January 10, 2019. It was presented and read for the first time in the National Assembly on April 26, 2019.

 

Anara Khan and Stacy Carmichael