Police lack ‘access’ to information

Digital world gap

THE Fiji Police Force lack access to information on the digital world because of privacy laws and the Telecommunication Act.

This was highlighted by Women’s Minister Lynda Tabuya at the Fiji Law Society convention.

Citing a case of trafficking obscene material under Section 377 of the Crimes Act, in which the accused was jailed for two years, Ms Tabuya said the police could not access or have access to certain information, and that was a gap that needed to be reviewed.

Ms Tabuya said another issue about the laws in Fiji was the present Telecommunications Act, which aimed to protect the privacy of individuals.

She said in other countries operating under a similar Act, it was the duty of internet service providers by law to provide the IP addresses and subscribers in order to operate.

“In order to operate investigations, this information needs to be provided, however, the Telecommunication Act is lacking on this,” Ms Tabuya said.

“It applies to child pornography, but this we don’t have in Fiji.

“So, when the police approach the tech companies in Fiji, they refer to the Telecommunication Act in respecting the privacy of individuals.

“This is another gap in the law that needs to be looked at.”

Ms Tabuya said the impact of principle legal and legislative advocacy, in her capacity as the Minister of Women and Children, she was reminded of the critical need for laws which protect and empower the most vulnerable in society

“While we recognise the Act has provided a foundation for addressing various online safety concerns in Fiji, however, like any piece of legislation, it’s essential to acknowledge the limitation.”

She said the ministry intended to collaborate with relevant stakeholders to prepare a comprehensive submission to the Office of the Attorney-General and invite the Fiji Law Society to engage with her aim.

“As guardians of the law, we carry the responsibility not only to uphold justice, but to adapt and innovate in the face of new threats.

“Together we have the power to share and shape the digital environment where every Fijian can access their rights and navigate the online world with confidence and safety.”