Mozambique

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE

DECREE N.º33/2001

Article 35 of the Regulation of the licensing and register for the providing of telecommunications services of public usage and establishing and usage of the public network of telecommunications (Decree No. 33/2001 of 6 November) states that licensed providers are obliged to cooperate with the legal competent authorities regarding the legal interception of communications.

Under the Regulation, such interception will be made through the Regulatory Authority’s duly credentialed members. It does not appear to provide a clear outline of the process; nor is there a law or decree that establishes one.

There appear to be no specific laws that grant law enforcement agencies the legal powers to allow direct access into a communications service provider’s network without the operational or technical control of the communications service provider.

DISCLOSURE OF COMMUNICATIONS DATA

THE TELECOMMUNICATIONS LAW

Article 68 of the Telecommunications Law (Law No. 8/2004 of 21 July – the Telecommunications Law) states that the secrecy of the communications is guaranteed except in cases of criminal law and in the interests of national safety and the prevention of terrorism, criminality and organised delinquency.

NATIONAL SECURITY AND EMERGENCY POWERS

Except as already outlined above, the government agencies do not have any authority to invoke special powers to access a communications service provider’s customer data and/or network on the grounds of national security.

Article 10 of the Telecommunications Law states that the government is responsible for the adequate coordination of the telecommunications services in emergency situations. In such situations, the government may issue a notice with mandatory instructions to the telecommunications operators. The Telecommunications Law does not provide a clear outline of the process; nor is there a law or decree that establishes the procedures.

OVERSIGHT OF THE USE OF THESE POWERS

There does not appear to be any judicial oversight of the powers contained within this report, other than in cases of criminal law, which are overseen by judges sitting in the criminal courts of Mozambique.

CENSORSHIP RELATED POWERS

SHUT-DOWN OF NETWORK AND SERVICES

DECREE N.º33/2001 OF 6 NOVEMBER

Articles 10 and 37 of the Regulation of the licensing and register for the providing of telecommunications services of public usage and establishing and usage of the public network of telecommunications (Decree No. 33/2001 of 6 November) state that when a state of siege or emergency is declared, the Regulatory Authority has the power to cancel Vodafone’s licence to provide its network and services in order to protect national security.

Separately, the Regulatory Authority may at any time suspend or revoke Vodafone’s licence to provide its network and services if Vodafone breaches certain conditions set out in its licence. These conditions include Vodafone’s requirement to cooperate with legally competent authorities in their interception requests.

BLOCKING OF URLS & IP ADDRESSES

The government does not have legal authority to require Vodafone to block URLs or IP addresses.

POWER TO TAKE CONTROL OF VODAFONE’S NETWORK

DECREE N.º33/2001

See ‘Shut-down of network and services’ above; the Regulatory Authority’s power when a state of siege or emergency is declared could extend to taking control of Vodafone’s network.

OVERSIGHT OF THE USE OF POWERS

There is no judicial oversight of the Regulatory Authority’s execution of its powers.

This information was originally published in the Legal Annexe to the Vodafone Group Law Enforcement Disclosure Report in June of 2014, which was updated in May of 2017. 

2018-03-19T21:18:48+00:00 March 15, 2018|Categories: legal frameworks|
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