Abstract
Communications data has become an integral part of criminal proceedings from police investigationsto trial proceedings. In Zimbabwe, the Criminal Procedure and Evidence Act (CPEA) is relied upon by law enforcement to apply for search warrants which enable them to acquire to access communications data from telecommunication providers. In certain instances, law enforcement agencies have relied on warrantless search procedure outlined in the CPEA to access metadata from telecommunication providers. However, the legality of such practice has not really been properly examined, the presumption being that a search warrant issued under the CPEA is valid and entitles the police to attain metadata from service providers. This is despite the existence of the Interception of Communications Act and the Postal and Telecommunications (Subscriber Registration) Regulations 2014 which impose the obligation of metadata retention on telecommunication providers for access by law enforcement and contain their own procedures for how law enforcement may access metadata in their criminal investigations.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.