Phone tapping law comes into force

PRESIDENT Yoweri Museveni has assented to the Regulation of Interception of Communications Act 2007, which authorises the tapping of telephones and other private communication for security purposes.

By VISION REPORTER

PRESIDENT Yoweri Museveni has assented to the Regulation of Interception of Communications Act 2007, which authorises the tapping of telephones and other private communication for security purposes.

The President assented to the Act on August 5, 2010. The Act provides for the interception and monitoring certain communication in the course of their transmission through telecommunication, postal or any related service or system.

The Act, which has now become law, forbids repeated sending of abusive messages and letters. “A person who repeatedly makes abusive telephone calls or causing another person to make abusive telephone calls to the victim, commits an offence,” reads the Act.

This also means telecommunication service providers will be required to register SIM cards of their clients.

Security minister Amama Mbabazi, while defending the Bill in Parliament, explained that lawful interception is the legally sanctioned official access to private communication and is a well tested method of fighting crime worldwide.

He said international terrorism and organised crime were increasingly being coordinated by advanced telecommunication.

In 2010, the Bill raised concerns from human rights activists who protested against the “invasion of privacy” and interference with people’s rights and freedoms.

Rather than the minister issuing interception warrants, they shall be issued by a designated judge and not the minister to avoid conflict of interest.
The President also assented to the electronic transactions and the electronic signatures Acts.

The President assented to the Acts on February17, 2011. Electronic transaction refers to the sale or purchase of goods and services whether between businesses, individuals or governments and other public or private organisations whether the payment or delivery of goods and services is made on or offline.

The Act aims at providing for the use of security, facilitation and regulation of electronic communication and transactions. It also encourages the use of e-Government services and to provide for related matters.

The electronic signatures Act aims at regulating the use of electronic signatures, criminalisation of unauthorized access and modification of electronic signatures.

Until now, there was no law in Uganda that regulated the use of electronic signatures despite the fact that Uganda adopted the National ICT policy as early as 2003 and ICT has now become a vehicle for consumer purchases, marketing, financial transactions and government services.

The Act provides for a penalty of a fine of sh1.4m or imprisonment of three years or both. In case the perpetrator continues to commit the offence, a daily fine of sh200,000 each day the offence is committed is paid.