Bunting Wants Overhaul Of Interception Of Communications Act | RJR News

Opposition Senator Peter Bunting is calling for a thorough overhaul of the Interception of Communications Act to address challenges being faced by investigators.

The Act, which was passed in 2002 and last amended in 2019, allows the security forces to tap the telephones of persons suspected or accused of criminal involvement.

It authorises the interception of the communication of a person named in a warrant, and enables authorised officers to request technical information from telecommunications service providers under the Telecommunications Act.

Mr. Bunting argues that with the advancements in technology, a review is needed to provide adequate legal and ethical oversight to its use by the relevant authorities. 

“Law enforcement today face additional challenges. One is the widespread adoption of end-to-end encryption in messaging apps. This makes it much more difficult to access communications, even with a warrant. Law enforcement agencies argue for back doors and encryption, et cetera, but tech companies and privacy advocates resist.”

“Another area is the metadata. In order to intercept a call, you would require a warrant. But law enforcement increasingly relies on metadata. These things should be addressed explicitly in the Interception of Communications Act,” Mr. Bunting suggested. 

He was making his contribution to the Interception of Communications (Amendment of First Schedule) Order, 2024, which was approved in the Senate on Friday morning. 

Deputy Commissioner of Police Fitz Bailey had called for amendments to the Act to impose a time limit within which telecommunication companies should provide information requested by the police. 

Government Senator Kamina Johnson Smith said while laws that govern privacy and civil liberties must be reviewed, she disagrees with the need for a complete overhaul of the Act.

“I’m sure the Ministry of National Security will consider whether a complete overhaul is necessary. Because the truth is that the balance that came out of the parliamentary process did actually result in quite a sound, technologically neutral bill, recognising that technology is always ahead of legislation,” she asserted. 

Senator Johnson Smith also addressed Senator Bunting’s concerns that the now obsolete Stay Alert app could have aided law enforcement in their investigations in the case of primary school teacher Danielle Anglin, who disappeared in May.

While admitting that the app was a “very good concept”, the leader of government business in the Senate said it “did unfortunately have technical issues and very, very limited take up because of these deficiencies”. 

She said the glitches are being reviewed but the app was taken down because “the costs were way exceeding the benefit”.

But she noted that, in light of the increased digital literacy, advancements in JamaicaEye and the mapping of roads, the Stay Alert app could be revisited by the Ministry of National Security.

The digital security tool, which was introduced by the National Security Ministry in 2014, had a ‘Panic’ feature used as a direct means to contact the police.

By 2016, 18,000 Jamaicans downloaded and accessed the Stay Alert app.