The "Right to Privacy" v. telecommunications interception and access: International regulations and implementation in the Arab Region

Abstract

The right to privacy is a complex and controversial issue. Concerns pertaining to the 'Right to Privacy' have often become a stumbling block when preparing draft laws on telecommunication, specifically those that relate to governmental interception and access, and can prompt governments to cancel the drafting of the law. Governments attempting to defend the right to invade citizens' privacy in communication, whilst at the same time adhering to international obligations, habitually have to face opposition. Recently though, the dual concerns of national security and public security have repeatedly been used as tools to shift away from privacy protection toward allowing telecommunications interception and access by governments when needed. Some Arab states have enacted interception and access laws, but only in an intermittent fashion, making it difficult to refer to it as a complete template for implementing an interception and access law. It is accepted that new, hi-tech systems are required to regulate the use of telecommunication tools so as to be in line with developed countries. The Arab states seem to be behind in introducing telecommunication legislations, or at least have not amended their laws to comprise interception and access in telecommunication. These states should be directed to securing a balanced approach between the rights of citizens and the necessary security needs. This paper seeks to outline the gaps in existing legislative order in Arab countries. It also attempts to draw some guidelines towards introducing effective regulatory systems for telecommunications interception and access law in the Arab world.