Parliament has, it would seem, approved a ban on unsanctioned wiretapping

01.12.2006 |

The Verkhovna Rada has passed in its first reading a draft law “On introducing amendments to some legislative acts of Ukraine” (on preventing unsanctioned wiretapping), aimed at protecting the human rights enshrined in the Constitution of Ukraine, specifically privacy of mail, telephone conversations, telegraph and other correspondence.  The decision was supported by 405 State Deputies.

According to the draft law, the interception of information from mobile communications shall be prohibited except in cases allowed for under the Law “On fighting terrorism”. It is also proposed to add to Article 8 of the Law “On investigative operations” a provision pursuant to which the interception of information from mobile communications can be carried out only on the basis of a court ruling.

Amendments are also to be introduced to Article 11 of the Law “On the police”, according to which police officers shall carry out open and covert investigative operations, photographic, film or video recordings, sound recordings, as well as wiretapping in order to solve a crime only on the basis of a court warrant and in according with the procedure set down by the Law “On investigative operations”.

The draft law also allows for compensation for losses, including for unlawful wiretapping or interception of information from mobile communications.

In fact however the draft law has not added any guarantees against wiretapping.

It remains a mystery in general why the law was adopted since explaining in legislation that mobile telephones are telephones is most likely evidence simply of a total lack of understanding of what is to be regulated.

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