India

LEGISLATIVE BACKGROUND

INDIAN TELEGRAPH ACT 1885 (“ITA Act”)

This is the parent legislation governing telecommunications in India and the government grants the following licenses to service providers in accordance with the provisions of this Act:

UNIFIED ACCESS SERVICE LICENSE (“UASL”)

This is the […]

2018-10-06T19:00:54+00:00October 6, 2018|Categories: legal frameworks|

Ireland

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

THE POSTAL AND TELECOMMUNICATIONS SERVICES ACT 1983 AS AMENDED BY THE POSTAL PACKETS AND TELECOMMUNICATIONS MESSAGES (REGULATION) ACT 1993

The Postal and Telecommunications Services Act 1983 (the “1983 Act”) (as amended by the Postal Packets and Telecommunications Messages (Regulation) Act 1993 […]

2018-10-06T19:00:32+00:00October 6, 2018|Categories: legal frameworks|

Italy

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

Real-time lawful interception forms part of the criminal investigation powers of the law enforcement agencies (LEAs), ie police, carabinieri, tax police and other authorised agencies: LEAs and intelligence agencies, as authorised by […]

2018-10-06T19:00:08+00:00October 6, 2018|Categories: legal frameworks|

Jordan

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

JORDANIAN CONSTITUTION OF 1952

Under article 18 of the Jordanian Constitution of 1952 (as amended), “all postal and telegraphic correspondence, telephonic communications and the other communications means” are regarded as confidential.  They may not be lawfully intercepted unless a judicial order […]

2019-01-16T18:04:19+00:00October 6, 2018|Categories: legal frameworks|

Kazakhstan

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

LAW OF THE REPUBLIC OF KAZAKHSTAN ON INVESTIGATION ACTIVITIES NO. 154-XIII DATED 15 SEPTEMBER 1994 (THE “LAW ON INVESTIGATION ACTIVITIES”)

Under article 12 of the Law on Investigation Activities and Article 232.2 of Criminal Procedural Code (discussed further below), real-time interception […]

2018-10-06T18:58:56+00:00October 6, 2018|Categories: legal frameworks|

Kenya

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

THE NATIONAL INTELLIGENCE SERVICE ACT (ACT NO. 28 OF 2012)

The National Intelligence Service Act (Act No. 28 of 2012) ( the NIS Act) allows the Director-General (the DG) of the National Intelligence Service (NIS) (pursuant to Section 36) to monitor or […]

2018-10-06T18:59:23+00:00October 6, 2018|Categories: legal frameworks|

Lesotho

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

COMMUNICATIONS ACT 2012

Section 44(1)(f) of the Communications Act 2012 (“Communications Act”) provides that a person may not intercept communications or messages unless authorised by a court of competent jurisdiction. Therefore, the […]

2018-10-06T18:58:35+00:00October 6, 2018|Categories: legal frameworks|

Malaysia

PROVISION OF REAL-TIME INTERCEPTION ASSISTANCE

Legislation which specifically provides authority to intercept communications is summarised below. Where not explicit, these rights can be interpreted widely to require network operators and service providers to assist law enforcement and intelligence agencies in their surveillance and […]

2018-10-06T18:58:13+00:00October 6, 2018|Categories: legal frameworks|

Malta

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

SECURITY SERVICE ACT

Under the Security Service Act (Chapter 391) of the Laws of Malta, the Security Service of Malta can obtain authorisation for interception or interference with communications by means of a warrant issued by the Minister responsible for the Security […]

2018-10-06T18:57:45+00:00October 6, 2018|Categories: legal frameworks|
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