The government has amended its proposed legislation on the interception of communications, introducing a provision that would allow the Attorney General to authorise phone tapping without prior court approval in narrowly defined cases related to state security.
The revised bill was recently approved by the Council of Ministers and presented during a closed session of the House Legal Affairs Committee, attended by Attorney General George Savvides, Deputy Attorney General Savvas Angelides, Minister of Justice and Public Order Costas Fitiris and senior intelligence officials.
The government intends to secure parliamentary approval before the House is dissolved on 23 April ahead of the May parliamentary elections.
Expansion of interception powers
The draft legislation introduces two key changes compared with the version agreed in early February.
First, it broadens the list of serious criminal offences for which the Attorney General may apply to a court to lift the confidentiality of telecommunications.
Second, it establishes a mechanism under which, in exceptional circumstances, the Attorney General may issue written authorisation for the interception of communications without judicial approval, on grounds of state security.
Under the proposal, such authorisation could be granted directly to intelligence services or to the Chief of Police. This would constitute the first instance in which judicial approval is entirely bypassed in the surveillance process.
Constitutional amendment framework
The new mechanism is based on a proposed constitutional amendment providing that interference with communications may take place upon written approval of the Attorney General, granted in accordance with the law, where the measure is deemed necessary to prevent and counter activities threatening the security and sovereignty of the Republic.
Members of Parliament were informed that two additional bills are being prepared to regulate the operational framework and safeguards, including measures intended to address concerns regarding the absence of prior judicial scrutiny.
All three bills are expected to be debated together in plenary once finalised.
Government position and legal safeguards
The Ministry of Justice argues that the amendments are necessary to strengthen efforts against organised crime and national security threats, citing the increasing use of encrypted and mobile communications by criminal networks.
President Nikos Christodoulides, speaking after the initial cabinet approval, described the measures as necessary and proportionate, stating that they would operate under strict legal conditions and judicial control.
The bill also reintroduces a law adopted in 2020 during the presidency of Nicos Anastasiades, which did not enter into force due to technical and legal issues.
According to the government, telecommunications providers including Cyta, Cablenet, Epic and Primetel have since installed lawful interception systems, and outstanding matters relating to data storage, access and retention have been addressed.
Civil liberties organisations and media groups have previously expressed concern that expanded surveillance powers could undermine privacy and freedom of expression if not subject to strict safeguards.
The Ministry of Justice maintains that the revised framework complies with European legal standards and includes limitations on the duration, scope and use of intercepted material, as well as parliamentary oversight of data management.