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NewsDay

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Privacy sacrosanct

Opinion & Analysis
The move by government to have its security agencies pry into people’s private phone records, text messages and Internet communication is a sad development.

The move by government to have its security agencies pry into people’s private phone records, text messages and Internet communication is a sad development in a purported democracy like Zimbabwe.

NewsDayEditorial

Not that democracy is the only way to govern citizens, but that it is the least worst of all forms of governance.

Government, through the enactment of Statutory Instrument 142 of 2013 on Postal and Telecommunications (Subscriber Registration) Regulations 2013 last Friday, has all, but denied its citizens any shred of privacy.

The law compels companies to disclose subscriber data upon receiving a “written request signed by a law enforcement agent from the rank of Assistant Commissioner of police or a co-ordinate rank in any other law enforcement agency”.

The security agencies now have authority to access data stored by other government agencies that include flight records and behaviour patterns, all in the name of preventing terrorism. This means that these security agencies have access to virtually every email in the country.

While this may seem like an important tool for enforcing the law, it also essentially makes almost every interaction with a private business tacit self-incrimination. This is because our history has shown that legislation is used to settle political scores.

This is disturbing enough, but considering all the surveillance expansions covered in this promulgation, the implications are truly terrifying. Who will feel safe in an environment where everything that they do is monitored, be it talk to business associates, political allies and loved ones?

We wonder what has prompted the departure from the previous set-up when government could only have access to people’s phone records when it was absolutely necessary, usually when following up criminal or other serious crime inquiries. In such cases, permission had to be sought through the courts which would grant court orders for such interception after satisfying itself there were justifiable reasons to do so.

The mere fact that the law did not come through Parliament means that there were high chances that MPs would throw away that piece of legislation.

Bottom line: Our homes are our sanctuaries. And in our homes, we should be able to do whatever we want for how long we want without worrying about someone spying on us. The fact is this country was built on a few fundamental principles, not least of which is the inalienable right to privacy and freedom from unreasonable searches and seizures.

Under our Constitution, as citizens we are entitled to no less, which means what we do in our living rooms, kitchens, and basements is off-limits to prying eyes. That is one of our most basic rights as Zimbabweans.

Today it is our phone calls, tomorrow we might see the police kicking down our doors, poking in every corner of our homes like we have got something to hide, which we don’t because we are innocent.

Are we going to feel safe in our own homes? Are we going to be able to trust our neighbours? This is like East Germany under the Stasi secret police.

Zimbabweans love their privacy and do not lightly tolerate it being violated. What is it that we have done to deserve such a punitive piece of legislation?