The Islamabad High Court (IHC) has allowed telecom companies to share data with police for investigating crime suspects.
This follows hurdles in past inquiries that restrained telcos from providing authorities with surveillance data. The initial restraining order was issued on May 29 by Justice Babar Sattar in response to petitions regarding audio leaks.
Telecom operators had ceased cooperation with the police and suspended sharing of Call Detail Records and live locations of suspects despite standard operating procedures (SOPs) issued by the interior division to facilitate the exchange. The IHC has now clarified that telecom licensees would continue sharing data under these SOPs until the legality of such instructions is determined.
Justice Sattar’s ruling emphasized that surveillance requires authorization under the Telegraph Act and the Telecommunication Act and must be conducted following the Fair Trial Act, which mandates a warrant issued by a high court judge. Unauthorized surveillance breaches citizens’ fundamental rights, including liberty, dignity, and privacy, as guaranteed by the Constitution.
The court directed that until the next hearing, intelligence and police authorities could only conduct surveillance following the Fair Trial Act, and telecom companies must not permit unauthorized surveillance.
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