Information from tapped phone calls confidential

-Woolford
Stabroek News
February 13, 2003

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It is an offence to disclose information received from intercepting telephone calls to a third party under the provisions of the Wireless Telegraphy Act (Chap 47:01) and Telecommunications Act No. 27/1990.

But the legislation does not specifically prohibit the use of information obtained by the person who intercepts a telephone call.

This is the view of telecommunications expert and broadcaster, Enrico Woolford in response to comments by Home Affairs Minister, Ronald Gajraj in the Stabroek News last week.

The Minister had said that there was no law prohibiting the use of a computer to intercept phone calls once the privacy of an individual’s home had not been invaded.

The Minister’s comments were made with respect to the capability of a laptop computer found in the possession of three men, Shaheed Khan, Sean Belfield and Haroun Yahya, who were detained at Good Hope by the army and handed over to the Police on December 4 with a cache of sophisticated arms and ammunition.

No charges have been laid against them for possession of the computer, which reportedly has the capability to intercept telephone calls from landlines or from cell phones. Woolford pointed out the Wireless Telegraphy Act No 31 even though it relates to telegrams, provides that if “a message is received contrary to these Regulations or the Act or to conditions of a licence the licensee shall not make known its contents, its origin, its destination, its existence, or the fact of its receipt, to any person other than a duly authorised officer of the Government and the licensee shall not reproduce in writing, copy, or make use of such message or allow the same to be reproduced, copied, or made use of.”

He said too that the Telecommunications Act at Section 53 provides, subject to certain provisions, “that no information with respect to any business that has been obtained or where it relates to the private affairs of an individual shall be disclosed, save with their consent, during the lifetime of that individual or the person at the time in charge of the business.”

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