 Striking a Balance between Data Protection and Lawful Interception in the Provision of Communications Services - (March 2004)
Franklin F Akinsuyi (LL.B, MSc, LLM)
While it is to be noted that privacy of communications legislations are to ensure privacy and confidentiality of communications is maintained, it is to be observed that telecommunication systems are used by criminals and terrorists to transmit information about their activities. In certain instances these communications may be the only source for proving that individuals are involved in deeds that are criminal or which threaten national security.
For instance in an investigation on insider dealing, almost the entire case rested on the date and time of telephone calls made between various defendants. Telephone records were obtained from business and home telephone numbers with the brokerage firm providing details of incoming and outgoing calls to clients [1] .
As such it has become necessary for legislation to be introduced to permit law enforcement agencies to access the communications of individuals in the fight against terrorist and serious criminal activities.
This purpose of this paper is to highlight how the conflicting issues of privacy to communications and interception of communications affect communications service providers [2] in their efforts to provide confidential services on the one hand and law enforcement agencies fight against crime and terrorism on the other.
[1] See Tackling Insider Dealing p13 Home Office Consultation Paper: Access To Communications Data Respecting Privacy and Protecting the Public From Crime March 2003
[2] Communications service provider in this paper includes Telecommunications Operators, Telephone Service Providers, Internet service providers, Mobile Phone Operators, Communications Network Operators
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