CIJ concerned with MACC’s release of audio recordings
THE recent release of audio recordings by the Malaysian Anti-Corruption Commission raises issues on whether or not communications surveillance is carried out with proper accountability and how such surveillance information is handled by government authorities.
The MACC has declined to reveal how they obtained the recordings and news reports suggest that they were sent anonymously. It is thus unclear whether or not the surveillance was carried out by the state or provided to the MACC by a whistleblower.If the surveillance was carried out by the state, international human rights standards require that the surveillance must meet stringent criteria.
Other less invasive techniques have been exhausted or would be futile, and the surveillance suggested is the least invasive option and will be confined to that which is relevant and material.The principles also say that states should enact legislation criminalising illegal communications surveillance by public or private actors, with avenues for redress by those affected, although the law should also recognise and provide for protection for whistleblowers.
Even if the surveillance material was obtained legally and in line with international human rights standards, given the private nature of such information, government authorities would still require guidelines on how and when such information should be disclosed to the public.
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