SA’s spying laws are being reviewed by the UN Human Rights Council
The United Nations Human Rights Council will on Wednesday review South Africa’s current surveillance policies, following a formal submission by Right 2 Know (R2K), Privacy International and the Media Policy and Democracy Project (MPDP).
The consortium have raised concerns over state spying and lack of privacy protections in South Africa.
The submission is aimed at drawing attention to growing concerns of unchecked surveillance abuses in South Africa, including a number of cases of activists, investigative journalists and ordinary citizens have faced rights abuses due to intrusive spying measures by government.
The recommendations in the submission include:
- South Africa’s communication interception law, RICA, must be amended in line with constitutional standards and international human rights principles.
- Effective oversight mechanisms over state intelligence structures, particularly through a more transparent parliamentary intelligence committee, and the finalisation of complaints submitted by R2K and others to the spy watchdog, the Inspector General of Intelligence.
- The data protection regime should be strengthened, and the Office of the Information Regulator must be brought into operation urgently.
- The Cyber Crimes and Cyber Security Bill must be redrafted to protect users’ privacy and promote internet freedom.
The groups also brought the council’s attention to problems with data protection provisions, particularly the current mandatory registration of SIM cards under RICA, which threatens people’s right to anonymous communication in South Africa.
The UN review comes less than a month after amaBhungane Centre for Investigative Journalism launched a similar legal challenge against the RICA law, after learning that one of its journalists’ phone had been bugged by the state.
It’s submission also raised concerns with the lack of oversight, accountability and transparency over the state’s intelligence structures.
Read: Law that allows government to legally spy on citizens without repercussions heads to court
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