Since Friday 2 August, the number of journalists, media activists, human rights defenders, politicians, labor activists, and ordinary citizens who have been notified of the Provision of subscriber identifying information for the internet by prosecutors continues to increase. This is an unprecedented “incident” in which nearly 1,000 phone numbers were requested for a single document.
While prosecutors claim to have only identified subscriber names and phone numbers, this kind of data acquisition could implicate anyone in the case, leading to abuse of power and violation of fundamental rights.
This case is by no means a side effect of the prosecution’s unusual overreach. For a long time, civil society organizations have pointed out that there are major loopholes in the legal system regarding the production of communications from prosecutors, police, and the National Intelligence Service. In 2022, after six years, the Constitutional Court ruled in a constitutional appeal that individuals can now be notified of the existence of the archive. However, the notification is meagre. The purpose of the prosecution’s use of the data is only two words, “investigation,” and there is no explanation as to why the data was suspended for seven months after the inquiry. In response to the Constitutional Court’s ruling, there were calls for amending the law to require a court warrant to access communications data, but neither the ruling nor opposition parties took any active steps to amend the law.
Not only the ruling parties but also the opposition parties are using the loopholes in the current system just for their interests while they are delaying the improvement of the law to protect citizens’ privacy and fundamental rights. We demand the National Assembly the amendment of the Telecommunications Business Act.
August 5, 2024
Article 21Net
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