The ongoing conflict in the Middle East has hastened the approval of legislation that will allow phone surveillance only with the Attorney General’s approval, aiming to tackle external threats to democracy.
On Wednesday, the first bill was discussed in the Parliamentary Legal Affairs Committee, expanding the list of offences for which phone surveillance may be authorised via judicial order. Additionally, the bill proposes a constitutional change, granting the Attorney General the power to approve phone surveillance requests from the Chief of Police and the Cyprus Intelligence Service (KYP) solely for national security purposes. The current regional situation was addressed during the discussion, with KYP Director Tasos Tzionis stating that the proposed laws would grant the state the necessary powers to effectively ensure both security and human rights. “These laws must pass so we have the tools to address organised crime, terrorism, and external threats controlled by states, as we have seen recently,” he added.
Justice and Public Order Minister Kostas Fytiris provided detailed explanations of the government’s bills, calling them a crucial institutional response to the escalating criminal activities. According to Fytiris, the purpose of the proposed laws is to strengthen the regulatory framework, ensuring that the state has the modern tools necessary to protect its security and sovereignty and to effectively combat serious organised crime, “always within the limits of the rule of law and with full respect for fundamental rights.” Among the offences eligible for phone surveillance orders are murder and attempted murder, human trafficking, child pornography, sexual exploitation or abuse of children, terrorism, espionage, illegal immigration trafficking, and assisting illegal entry, transit, and stay in the Republic. The bill also accepts an amendment by DISY MP Nikos Georgiou to include the offence of organising a criminal gang, as well as an amendment by the Attorney General to include the financing of terrorism.
Controversial Provision
Fytiris noted that the bill includes a provision for written approval from the Attorney General for the lifting of confidentiality, as provided by the law (without the involvement of a judge), where the intervention is deemed necessary for the prevention and resolution of activities threatening the security and sovereignty of the Republic. He clarified that the Police would require a judicial warrant to lift confidentiality for investigating the above offences, while KYP, for national security and sovereignty purposes, would need the Attorney General’s written approval. However, he emphasised that the system to be used includes safeguards to prevent any unlawful surveillance.
Finally, the Minister stated that the telecommunications providers would enable tracking, ensuring that no interference, deletion, alteration, or violation of these records occurs. “Our defense line depends largely on these bills,” Fytiris said, urging MPs to support the legislation and enhance the security of society and democracy.
10-year prison sentence for unlawful surveillance
Attorney General George Savvides described phone surveillance as a key weapon in the fight against organised crime and terrorism. He stressed the need for practical and feasible surveillance, noting that it is a tool already available in all other countries. Savvides also assured that the proposed package of bills adequately safeguards human rights. He added that the bills carry a penalty of up to 10 years in prison for anyone engaged in unlawful surveillance, with a three-member committee set up to oversee adherence to procedures. Savvides also pointed out that any court conviction based on surveillance must be backed by a judicial order.
In his statement, Police Chief Themistoklis Arnaoutis emphasised the significance of surveillance as a tool in tackling serious and organised crime, primarily because it ensures testimony that can be used in court.
Data protection concerns
Maria Christofidou, the Commissioner for Personal Data Protection, highlighted that communication privacy is a fundamental right, and any intervention in this right must be made with full respect for the principles of necessity, proportionality, and legality, alongside sufficient institutional safeguards.
A representative of CYTA stated that the proposed framework could function effectively as long as the provisions are clear and implementable, with a clear division of responsibilities. He also requested that the state cover the maintenance costs of the equipment, a stance agreed upon by other providers.
Legislative approval
It was noted that yesterday, the Cabinet approved the other two implementing bills, which will be discussed in detail during an emergency open session of the Committee tomorrow, intending to bring them to a vote in the Plenary.
38 votes needed
According to Committee Chairman Nikos Tornaritis, Cyprus has been slow to pass surveillance legislation, pointing out that 38 votes are required to amend the Constitution. “I hope everyone will rise to the occasion and understand not only the urgency of the moment but also the fact that while all other EU member states have this right, Cyprus must acquire it through the state’s security forces,” he concluded.
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