Abstract

Abstract Governments often resort to communications surveillance in order to combat threats against national security. Communication surveillance infringes upon the right to privacy. In order to protect privacy, international law requires communication surveillance to be proportionate. However, very little has been written to justify why this right deserves such protection in Africa, given counter-arguments suggesting that where national security is threatened, the state must be permitted to do everything possible to avert the threat, and the protection of privacy is an inconvenience. This article addresses these counter-arguments by demonstrating that the right to privacy deserves protection because it is as important as defending national security. It analyses approaches taken by selected African countries to regulate authorisation of communication surveillance. This article questions the assumption that prior judicial authorisation is the ideal approach to regulating communication surveillance in order to guarantee proportionality, and it suggests a need to consider other alternatives.

Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call