ISLAMABAD: The Pakistan government has officially authorized the Inter-Services Intelligence (ISI) to conduct phone tapping in the interests of national security and crime prevention. This new power has been granted under Section 54 of the Pakistan Telecommunication Act.
The Ministry of Information Technology and Telecommunication issued a gazette notification to formalize this authorization. According to the notification, an officer of at least grade 18 will be designated for this task. The notification also extends the authority to trace calls, messages, and any other forms of communication, underscoring the significant expansion of surveillance capabilities granted to the ISI.
This development follows a recent ruling by the Islamabad High Court (IHC) regarding the legality of phone tapping. Last month, the IHC declared any phone tapping without a legal framework as ‘illegal.’
Justice Babar Sattar, who presided over the hearing of petitions filed by former first lady Bushra Bibi and ex-Chief Justice of Pakistan’s son Najam Saqib regarding audio leaks, expressed concerns about the legality of phone tapping practices without a formal legal mechanism.
During the proceedings, Additional Attorney General (AAG) Manoor Iqbal Dogal informed the court that the Ministry of Interior had established a Standard Operating Procedure (SOP) allowing the ISI and Intelligence Bureau (IB) to directly retrieve data from service providers.
However, Justice Babar raised concerns about the SOP’s legitimacy, noting that it was issued by a section officer rather than an appropriate authority, which may undermine its legal standing.
This new authorization marks a significant shift in the government’s approach to national security and crime prevention, potentially impacting privacy rights and raising questions about oversight and legality.
The government’s decision aims to enhance the capabilities of intelligence agencies in dealing with security threats, but it also brings to the forefront the ongoing debate about the balance between national security and individual privacy rights. As the situation unfolds, further legal scrutiny and public discourse are expected regarding the implementation and implications of these expanded surveillance powers.
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