IHC Authorizes Telcos to Share Suspects’ Private Data with Police

On May 29, the Islamabad High Court (IHC) justice Babar Sattar promulgated a restraining order, banning telecom companies from providing surveillance data to law enforcement agencies. However, in a new development, IHC has allowed telcos to share data with police in case of a crime investigation. It is because multiple crime inquiries remained suspended because of the May 29 order.

The telecom companies had stopped sharing surveillance data with the police, even after the Interior Ministry issued standard operating procedures (SOPs) to facilitate the exchange. Consequently, the IHC has now clarified that telcos will continue to share data under these SOPs until the legitimacy of such instructions is determined.

It is pertinent to mention here that the court issued the previous order in response to the petitions filed by Mian Najamus Saqi and Imran Khan’s spouse Bushra Bibi in the audio leaks case.

Justice Sattar’s ruling highlighted that mass surveillance demands authorization under the Telegraph Act and the Telecommunication Act. Moreover, it should be carried out following the Fair Trial Act, which requires a warrant issued by a high court judge. On the other hand, unauthorized surveillance violates the fundamental rights of citizens, as guaranteed by the Constitution of Pakistan.

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IHC Demands PM to Identify Those Behind Mass Surveillance in Audio Leaks Case