NewsDay (Zimbabwe)

Right to privacy increasing­ly under threat

- Misa Zimbabwe

THE right to privacy in Zimbabwe is increasing­ly under threat following remarks by President Emmerson Mnangagwa that the government had managed to track the locations of certain individual­s and their communicat­ion details.

This comes on the backdrop of an earlier statement by Army Commander Lieutenant-General Edzai Chimonyo that the army would start snooping into private communicat­ions between citizens to “guard against subversion” as the use of social media poses a threat to national security.

The right to privacy is provided for under section 57 of the Constituti­on. The Constituti­on provides that every person has the right to privacy, which includes the right not to have:

• their home, premises or property entered without their permission;

• their person, home, premises or property searched;

• their possession­s seized;

• the privacy of their communicat­ion infringed; or,

• their health condition disclosed.

The right to privacy is very critical because it is an enabling right that allows for the exercise of media freedom and freedom of expression. It is in that context that the confidenti­ality of media sources is key and equally protected by the Constituti­on.

Similarly, the protection of whistleblo­wers is also very important for the purposes of fostering transparen­cy and accountabi­lity. Unjustifie­d infringeme­nts to the right to privacy result in self-censorship as citizens will be afraid to communicat­e freely, fearing that their communicat­ions will be availed to third parties.

It should also be noted that Section 86 of the Constituti­on states that fundamenta­l rights and freedoms may be limited only in terms of a law of general applicatio­n, and to the extent that the limitation is fair, reasonable, necessary and justifiabl­e in a democratic society based on openness, justice, human dignity and freedom.

Misa Zimbabwe is concerned by what seems to be targeted surveillan­ce of critics of the government and dissenting voices. This is a grave departure from the letter and spirit of the Constituti­on which calls on the State and all institutio­ns and administra­tive authoritie­s to respect, protect and promote the Declaratio­n of Rights as set out in the Constituti­on.

Principle 41 of the recently launched Declaratio­n on Principles of Freedom of Expression and Access to Informatio­n in Africa of the African Commission on Human and People’s Rights, provides as follows:

• States shall not engage in or condone acts of indiscrimi­nate and untargeted collection, storage, analysis or sharing of a person’s communicat­ions.

• States shall ensure that any law authorisin­g targeted communicat­ion surveillan­ce provides adequate safeguards for the right to privacy, including:

• the prior authorisat­ion of an independen­t and impartial judicial authority;

• due process safeguards;

• specific limitation on the time, manner, place and scope of the surveillan­ce.

 ??  ?? President Emmerson Mnangagwa
President Emmerson Mnangagwa

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