New legislative amendments currently under discussion will effectively exclude telecommunications providers from the process of “lawful interception,” allowing state authorities to monitor communications in real-time without the companies’ knowledge.
Under the proposed framework, the Cyprus Police and the Cyprus Intelligence Service (KYP) will be able to “link” directly to a target’s device. This marks a fundamental shift in surveillance philosophy, as providers will no longer be notified when an interception is active.
The move follows the failure of the 2020 surveillance law, which was touted as a major tool against serious crime and match-fixing but remained inactive due to technical hurdles and resistance from providers like Cyta. Sources told Phileleftheros that Cyta has expressed strong constitutional concerns, fearing legal action from customers if privacy is breached without a court warrant.
Constitutional Changes and Expanded Powers
The government is pushing for a constitutional amendment to Article 17 to facilitate these changes. A key provision would allow the Director of KYP to bypass the court system entirely, beginning surveillance based solely on written approval from the Attorney General in cases involving “national security” or “threats to the sovereignty of the Republic.”
Furthermore, the list of offences justifying surveillance is being significantly expanded. New categories include:
- Terrorism and espionage.
- Migrant smuggling and aiding illegal entry.
- Online offences carrying a prison sentence of five years or more.
- Money laundering.
- Sexual exploitation and child abuse (with more explicit terminology).
Transparency and Press Freedom Concerns
The issue of “post-interception notification” remains a point of contention. While some argue that informing a target would defeat the purpose of an investigation—particularly in drug trafficking cases—critics warn of a lack of accountability.
Forensic expert Alexis Mavros warned that while direct device exploitation is a powerful tool, it creates “serious challenges regarding independent auditing,” making oversight as critical as the technology itself.
The journalistic community has also raised the alarm over a separate European Media Freedom Act implementation. George Frangos, President of the Cyprus Union of Journalists, warned that the proposed local version would allow the Attorney General or the head of KYP to lift journalistic confidentiality with a single decision, potentially leaving sources and press freedom unprotected.
