Rights activists raise privacy concerns after Pakistan authorizes top spy agency to tap calls, messages

A man wearing a facemask speaks on his mobile phone sitting behind a closed gate during a government-imposed lockdown as a preventive measure against the COVID-19 novel coronavirus in Rawalpindi on March 25, 2020. (AFP/File)

• Pakistan this week authorized its Inter-Services Intelligence spy agency to tap calls, intercept messages in the ‘interest of national security’
• The decision drew public attention to issue of surveillance by spy agencies, particularly after leaking of several audio clips of notable figures

ISLAMABAD: Pakistani analysts and rights activists on Tuesday criticized the Pakistan government’s authorization of the country’s premier spy agency, the Inter-Services Intelligence (ISI), to intercept and trace calls on the pretext of national security, saying the move would undermine privacy of citizens and could be used to suppress political opponents, activists and media.
In a notification issued on Monday, the information technology (IT) ministry said the government had authorized the ISI to intercept phone calls and messages “in the interest of national security,” adding to the already outsized role and powers of the shadowy military outfit.
The decision has drawn attention to the issue of surveillance by spy agencies, particularly after audio clips, including those of former Prime Minister Imran Khan and his wife, were leaked online ahead of the Feb. 8 general election.
Arab News reached out to the Pakistan Telecommunication Authority (PTA), information ministry and telecom operators for comments on a recent surveillance system sought by government from telecom operators and the impact of fresh authorization to intercept calls on consumers, but none of them responded to the queries.
“The government’s step to allow intelligence agencies to intercept calls and by notification provide legitimacy to such government actions is extremely unfortunate because it allows non-transparent and unchallengeable circumstances for the citizens to protect their own privacy,” Adnan Rehmat, a journalist and media activist, told Arab News.
“This sneaky way of notifying to provide so-called legality to intercepting calls seems to be more political, triggered and designed.”
Although the government has the right to formulate policies, it must do so after open discussion and consultations, especially for policies impacting the lives of common citizens as these cannot be executive decisions and the viewpoints of those affected must be heard, according to Rehmat.
He said this was also a “suspicious move,” given the past experiences of tapping phone calls of political leaders, rights activists and other prominent figures, including judges.
Following the leaking of their telephonic conversations, ex-PM Khan’s wife, Bushra Khan, and others filed petitions in the Islamabad High Court (IHC), challenging the unauthorized surveillance and privacy violations. During the hearings, it was revealed that the PTA had required telecom companies to fund, import and install a mass surveillance system to access citizens’ data.
According to court documents seen by Arab News, the Lawful Intercept Management System (LIMS) enables access to private messages, video and audio content, call logs and web browsing histories. The court later observed that the mass surveillance system “lacked a legal foundation” and was being put in place without judicial or executive oversight.
Nighat Dad, executive-director of the non-profit Digital Rights Foundation based in Pakistan, said the IT ministry’s notification granted permission to listen to private conversations without adequate justification or reasoning, which violated the right to privacy.
“It also contravenes the Fair Trial Act by lacking oversight and accountability measures in case of misuse,” she told Arab News.
The Fair Trial Act stipulates that surveillance or interception of a citizen must be authorized by a proper warrant, including warrants issued under section 11, which permits the collection of evidence through interception, audio or video recording, communication monitoring, or surveillance of movements.
“If the privacy of citizens not posing a threat to national security is infringed upon, what legal recourse do they have,” she questioned, saying that this was concerning because surveillance orders typically included protections and safeguards for citizens everywhere.
Usama Khilji, a director at the ‘Bolo Bhi’ advocacy forum for digital rights, said the Fair Trial Act outlined a process for lawful interception that required obtaining a court warrant, which the latest notification violated and ignored.
“The excuse of national security has been used since the inception of Pakistan to justify political meddling and this is another example of it,” he told Arab News.
The audio leaks case in the Islamabad High Court clearly illustrated the political nature of surveillance, particularly targeting activists, journalists and political leaders, according to Khilji. It is an effort to provide “legal cover to existing practices.”
“There should be transparency and legal oversight over all surveillance mechanisms along with avenues for redress against illegal surveillance,” he added.
Munizae Jahangir, a Pakistani journalist and activist, said the government move was a clear violation of an individual’s fundamental rights and also Article 14 of the constitution as no law or provision within any law superseded the constitution.
Article 14 of the Constitution of Pakistan clearly states that the dignity of a man shall be inviolable, and within lawful limits, and home privacy shall remain private.
“It is hoped that this will be legally challenged as it likely contravenes privacy rights and may not withstand legal scrutiny,” she told Arab News, questioning if this was an attempt to turn Pakistan into a “security state.”
“The provisions outlined in the notification are typically reserved for times of war, which we are clearly not in.”
She said it was evident that such measures were being used not against militancy, but to “control political opponents, media, judiciary and human rights activists.”
Iqbal Khattak, executive director of the Islamabad-based Freedom Network civil liberties organization, warned that without a clear oversight mechanisms and well-consulted terms of references, this move would undoubtedly violate freedom of speech and privacy.
“Time and again, we have witnessed that in the name of national security, individual freedoms are consistently under attack,” he told Arab News.
Created in 1948, the ISI gained importance and power during the 1979-1989 Soviet occupation of Afghanistan and is now rated one of best-organized intelligence agencies in the developing world.
Widely feared by Pakistanis, it is believed to have a hidden role in many of the nuclear-armed nation’s policies, including in Afghanistan and India. The ISI is seen as the Pakistani equivalent of the US Central Agency (CIA) and Israel’s Mossad. Its size is not publicly known but the ISI is widely believed to employ tens of thousands of agents, with informers in many spheres of public life.