Wiretapping bill protects right to privacy, national security minister to approve eavesdropping

The government of Trinidad and Tobago introduced a bill in Parliament Friday to ensure that any interception of communication is done in accordance with law.

In presenting the legislation Prime Minister Kamla Persad-Bissessar said it is in keeping with the People’s Partnership philosophy of accountability in public affairs.

Persad-Bissessar acknowledged that wiretapping is an important crime fighting tool, which can also protect national security. However, she said the practice must be carefully regulated and justified “on the basis of necessary criminal intelligence or a potential threat to national security”.

She revealed that with the sophistication in criminal activity it is “a mystery to us” that since 2007 a draft bill to deal with the interception of communications was prepared not never taken to Parliament.


She said the bill is part of what will become a single unit that would be authorized to intercept private communications for "the clearly defined purpose and specific mission of gathering criminal intelligence and protecting and defending national security."

She also said the Prime Minister would no longer be the person who can authorize interception of private communication. That responsibility will go to the Minister of National Security. 


The bill will mandate the Minister of National Security to prepare an annual report on the operations of the proposed legislation to be laid in Parliament. In additional the Chairman of the National Security Council will have the power to make regulations to give effect to the Act, subject approval by Parliament.

The bill is in response to the illegal wiretapping of phones and other electronic communication which was started under the previous Manning PNM government.

Persad-Bissesssar said government is of the strong view that since the interception of communication is an interference with a person’s human rights, the Parliament must be given a crucial role in the overall operation and scrutiny of the legislation.

The bill would clearly define the circumstances under which authorities can lawfully intercept public or private communications during transmission on a public or private telecommunications network.

It would ensure that it would only be done when a judge approves a warrant. Any other interception of such communication would be against the law.

With respect to a warrant, this could only be issued to investigate, prevent or detect a specified offence, and would be valid for an initial period of ninety days, but may be extended by the Court for two further periods, each for ninety days.

The Bill would also make provision for an oral application for a warrant in urgent circumstances, subject to certain safeguards. Persad-Bissessar said the bill would provide for the contents of a communication or communication data, which is lawfully obtained, to be admissible as evidence in any criminal proceedings.

She said the legislation will prevent the “abuse and misuse of the power to intercept private communications by our citizens, adding that it would seek to strike the right balance between the right of the individual and the interests of national security, the public interest and the economic well-being of the country.

“When these interests conflict the public interest must prevail where reasonably justifiable. It is often necessary that individual rights are abrogated to some measure where there is a threat to the public good.

“In determining the rules to govern any society, priority must be given, inter alia, to the maintenance of public order, the security of the State and the prevention, investigation, detection and prosecution of crime.

"As such, the State recognizes that in certain circumstances the rights of the individual may be suspended to allow the State to combat the threat. This is true whether the threat manifests itself as serious organized crime, terrorism or a threat to national security," she said.

The Prime Minister noted that in most countries the use of “intrusive or directed surveillance, or covert intelligence sources, by public bodies is regulated by statute.” 

She added that her government will remain receptive to any ideas and constructive comments "that those on the other side and indeed members of the public may wish to offer."