U.S. State Department Reports Wordwide Privacy Abuses

David Banisar

Excerpts from State Department Report

In its' annual review on human rights around the globe, lthe US State Department reports that while most countries have either Constitutional or legal protections of privacy, there are widespread abuses of privacy rights. The abuses reported included illegal wiretapping, widespread informer networks, interception of mail, and warrantless searches of homes.

The report, entitled "U.S. Department of State Country Reports on Human Rights Practices for 1995," is based on reports from US embassies, human rights groups, and other information. It is produced by the Bureau of Democracy, Human Rights, and Labor of the State Department, headed by Assistant Secretary of State John Shattuck.

The country reports cover a wide range of civil and political rights ranging from disappearances to labor rights. The scope of privacy issues covered is limited to traditional American Fourth Amendment concerns relating to search and seizure of private property, and the interception of mail and communications. Information privacy issues are only mentioned in a few countries. No mention is made of any privacy or data protection commissions. Important issues such as the collection of personal information by governments and private companies, and id cards are also mostly ignored.

Constitutional and Legal Protections

According to the report, almost all of the countries in the world have either a constitutional or legal right to privacy. 110 countries are reported to have a specific provision in their constitutions guaranteeing the right of privacy. These vary from the protection from unlawful searches and wiretaps to countries such as Spain and Slovenia, which have data protection specifically enumerated in their Constitutions. Another 55 countries are reported as having laws which protect privacy in the absence of a Constitutional right.

Frequently, these protections are unenforced. In addition, a number of countries have enacted laws authorizing privacy violations in the name of national security or emergency legislation which override constitutional and legal protections.

Wiretapping and Mail Interception

Illegal wiretapping was prevalent throughout the world in 1995. The State Department cites reports of taps in over 90 countries. The abuses varied from systematic monitoring by military and government officials to occasional abuses by private entities. Most of the countries where these abuses occurred have laws prohibiting warrantless taps. Additionally, in many countries, prosecutors and police officers can issue warrants, rather than independent judges.

The most frequently mentioned targets of illegal wiretapping are foreign residents, political opposition, dissidents, human rights workers, and journalists. In most countries where illegal wiretapping is conducted, the unauthorized interception of mail is also reported.

Regional Breakdowns

Africa

A majority of the countries of Africa have poor records on privacy. While 31 countries have constitutional, and another 12 have legal protections of privacy, illegal wiretapping was reported in thirty out of the 49 countries in that region. Widespread illegal searches were reported in at least 23 of the countries. Incidents of unlawful interception of the mail were reported in 13 countries.

Many countries engage in systematic surveillance against their citizens. For example, in Angola, the report states that, "the Government maintains a sophisticated security apparatus dedicated to surveillance, monitoring and wiretapping of certain groups, including journalists, opposition party leaders, members, and suspected sympathizers of UNITA, National Assembly deputies, and foreign diplomats." Kenya maintains "a network of informants to monitor the activities of opposition politicians and human rights advocates." In Sudan, a "wide network of government informants conducts pervasive surveillance in schools, universities, markets, workplaces, and neighborhoods" and is used to "keep key opposition figures under frequent surveillance."

In some countries, the laws authorize and encourage surveillance. In Gambia, the report notes, "existing constitutional safeguards against arbitrary search and seizure were abrogated as part of Decree 45. AFPRC priorities in security matters and corruption investigations override all constitutional safeguards." In Kenya, the Constitution permits searches without warrants in cases "to promote the public benefit." A 1995 money laundering decree allows the Nigerian National Drug Law Enforcement Agency to, "monitor telephone conversations, access computer systems, and obtain bank and financial records." Decrees in Sierra Leone allow the government to, "monitor actions or conversations within homes, to prevent a person from acting in a manner deemed prejudicial to public safety."

Latin America and the Caribbean

Nearly all of the countries in the region - 28 of 34 - have Constitutional rights of privacy. Most of the remainder have legal protections. In nine of the countries, the State Department reports that there are "effective legal sanctions" to illegal searches.

Illegal wiretaps were reported or suspected in ten countries. In Brazil, they were commonly used until a scandal involving the wiretapping of a presidential aide led to a temporary ban on their use. In Chile, a new law was enacted on November 20, 1995 prohibiting unauthorized taps. Even as democratic reforms progressed, illegal taps continued to occur in Honduras, El Salvador, and Guatemala. In Honduras, "the armed forces reportedly continued to use its operation of the national telephone company to monitor telephone lines of influential people in government, the military, and the private sector without authorization from the appropriate civilian judicial authority." Once again, Cuba was listed as a major human rights violator with a pervasive system of surveillance designed to limit any dissent.

The war on drugs also continued to have an impact on privacy rights. In Venezuela, suspensions of the constitutional guarantees were lifted in June 1995 after 13 months but still remain in border areas. In Jamaica, Barbados, Bolivia, and Columbia, warrantless searches were reported.
Some countries are reported as improving their records. In Chile, a law was enacted on November 20 that "bars obtaining and dissemination of information by undisclosed taping, telephone intercepts and other surreptitious means." In Suriname, "the military command curbed invasions of privacy by the military such as the illegal monitoring of telephone calls, monitoring of the movements of human rights advocates, and threatening government officials, policemen, politicians, human rights workers, and journalists. Although some persons continued these activities on occasion, the military authorities reportedly did not authorize them to do so." Authorities in Guatemala continue to investigate the presidential security mail interception unit scandal that broke in 1993.

East Asia and the Pacific

In this region, of the 32 countries, 9 countries had constitutional provisions and 13 had legal protections for privacy.

Illegal wiretapping was reported in 10 nations. Many of the countries including Singapore, Fiji, China, Cambodia, Burma, Malaysia, North Korea reportedly tapped the phones of social and political critics. In South Korea, a new law limits wiretapping but many groups believe that illegal wiretapping still continues. In addition, Internet surveillance also was an issue in China, where the government limited new access until it could determine how to prevent access to antigovernment materials on the Net.

The report contains an extensive country report critical of China's record. Ironically, China responded to the report with a number of articles criticizing the U.S. on its lack of workplace privacy laws. Other countries in the region also harbored repressive regimes. In Burma, "the military ruled unchecked by any outside authority, and the State continued to interfere extensively and arbitrarily in the lives of private citizens. Through its extensive intelligence network, the Government closely monitored the travel, whereabouts, and activities of many citizens, particularly those known to be politically active. Security personnel selectively screened private correspondence and telephone calls, and conducted warrantless searches of private premises." In Indonesia, the government continues to exert "strong pressure against antigovernment critics, independent journalists, and labor activists." One improvement was "a phasing-out of a discriminatory symbol on the identification cards of ex-political prisoners and their families."

Europe

The European region had a mixed record on privacy. While the western countries generally had good records (though several had wiretap scandals), many of the former states of the Soviet Union are still reportedly being run by the vestiges of the KGB. Many Central European countries continued to struggle as they moved towards market economies. Thirty countries in the region have constitutional provisions guaranteeing the right to privacy. Another 18 have laws protecting privacy. In addition, other agreements, such as the European Convention on Human Rights, also apply. Nonetheless, illegal wiretapping was reported in 22 countries.

Many of the nations that made up the former Soviet Union had poor records. The State Department reported that in many of the countries, the security apparatus set up by the KGB remained intact and maintained control over the country. In Russia, a law enacted in August 1995 allows the security apparatus to, "open mail, tap telephones, monitor other forms of communication, and enter a private residence without a court order in cases of emergency that may lead to the commission of a serious crime or if Russia's political, military, economic, or environmental security is threatened." In Kazakstan, "the KNB and Ministry of Internal Affairs, with the concurrence of the procuracy, can and do arbitrarily interfere with privacy, family, home, and correspondence." In Turkmenistan, even with a Constitutional guarantee, "Security officials use physical surveillance, telephone tapping, electronic eavesdropping, and the recruitment of informers. Critics of the Government, and many other people as well, report credibly that their mail is intercepted before delivery." In Estonia, "a political scandal erupted when then Minister of Internal Affairs Savisaar was implicated in the illicit recording of his conversations with other politicians. Parliament appointed a special committee to investigate the matter, including the contacts of police with private security firms. Savisaar was dismissed, the cabinet resigned, and a new governing coalition was formed. Security police and parliamentary investigations were continuing at year's end." At the same time, U.S. Federal Bureau of Investigation director Louis Freeh toured the region and encouraged countries to conduct more wiretapping to fight organized crime.

Western European countries were also not exempt from abuses. In Greece, a new data protection law was enacted in September. However, "the security services continued to target human rights activists, non-Orthodox religious groups, and minority group representatives and to monitor foreign diplomats who met with such individuals. On several occasions, information about such private meetings was given to the press, apparently by government representatives. Human rights activists also reported the continuation of suspicious openings and diversions of mail, some of which was never delivered but was subsequently published in newspapers with apparent links to Greek security services." In France, "a wiretap of an official who was believed to be involved in a political corruption case was found to be illegal in February by a Paris appeals court." In Spain, "the press published allegedly leaked official documents suggesting that the National Intelligence Agency (CESID) intercepted and recorded telephone conversations between 1984 and 1991. Private calls made by the King, various ministers, and other prominent figures were apparently taped and stored at CESID. The scandal resulted in the resignation of CESID's director, the Minister of Defense, and the Vice President."

In Turkey, a partial state of "emergency rule" has abrogated constitutional rights, "in the 10 provinces under emergency rule, the regional governor can and does empower security authorities to search without a warrant residences or the premises of political parties, businesses, associations, or other organizations."

Near East and North Africa

Only nine of the eighteen countries in the region have constitutionally protected privacy rights. Another three countries are reported to have legal protections. Illegal wiretapping is prevalent in the region, with fifteen countries having reports of violations.

In many of the countries with constitutional and legal protections, massive abuses occur anyway. In Egypt, "the Emergency Law has abridged the constitutional provisions regarding the right to privacy...The Emergency Law empowers the Government to place wiretaps, intercept mail and search persons or places without warrants. Security agencies frequently place political activists, suspected subversives, journalists, foreigners, and writers under surveillance, screen their correspondence (especially international mail), search them and their homes, and confiscate personal property." In Syria, "the Emergency Law authorizes the security services to enter homes and conduct searches with warrants if security matters‹very broadly defined‹are involved. The security services selectively monitor telephone conversations and facsimile transmissions, and interfere with the mail. The Government opens mail destined for both citizens and foreign residents. It also prevents the delivery of human rights materials." In Yemen, "despite constitutional provisions against government interference with privacy, security forces routinely search homes and private offices, monitor telephones, read personal mail, and otherwise intrude into personal matters for alleged security reasons. Such activities are conducted without legally issued warrants or judicial supervision. Security forces regularly monitor telephone conversations and have interfered with the telephone service of government critics and opponents."

Some countries have began steps to improve their situation. In Lebanon, "the Prime Minister announced that he would refer cases to the Prosecutor-General to prevent the intelligence services from tapping telephone conversations. Additionally, in a note to the Post and Telecommunications Ministry, the Prime Minister said that he would hold private cellular phone companies responsible should they allow government agencies to tap cellular phones without warrants."

South Asia

In this region, three out of eight countries have constitutionally protected privacy rights. Another three countries have legal protections. In half of the countries, there are reports of illegal wiretaps.

In India, "The Indian Telegraph Act authorizes the surveillance of communications, including monitoring telephone conversation and intercepting personal mail‹in case of public emergency or "in the interest of the public safety or tranquillity." These powers have been used by every state government." In Pakistan, "the Government maintains several domestic intelligence services which monitor politicians, political activists, suspected terrorists, and suspected foreign intelligence agents. Credible reports indicate that the authorities commonly resort to wiretapping and occasionally intercept and open mail. On July 1, the Government suspended cellular phone, card pay phone, and pager services in Karachi and Hyderabad. The Government accused the MQM/A and criminals of using these services to commit crimes in Sindh."

Conclusion

Overall, the report paints a grim picture of a worldwide lack of government respect for privacy rights. Flouting internationally recognized rights and ignoring their own laws and constitutions, governments in developing and developed countries continue to abuse rights in the name of national security or other reasons.

Privacy International has excerpted the privacy sections from the full report into a single document. A copy of it and links to the full report are available from http://www.privacy.org/pi/reports/hr95_privacy_report.html.

The author is Deputy Director of Privacy International and a policy analyst at the Electronic Privacy Information Center in Washington, DC. This article origionally appeared in the International Privacy Bulletin, Vol 4, No 1 (Winter 1996).