Legality and Justification of the Right to Interception in East African Countries

A Comparative Analysis of Cyber Laws

Abstract

The right to interception under the world of information technology is frequently undertaken by the government agencies to prevent crimes committed under cyberspace. Cyber laws in some East African countries inadequately protects the right to communication of individuals, groups or organisation procedural wise. Absence of judicial approval of procedural provisions relating to interception leads to questionability of its process thereof. This article explores the legality and justification of the right to interception in three East African Countries namely; Tanzania, Kenya and Uganda under cyber laws. The exploration hinges on the competing interest between the right to privacy and the right to interception for public interests in cases like crime prevention and detection; and safeguarding the national security. The discussion concludes that the right to privacy cannot overlap the public interests; and interception under cyber laws is inevitable. However, in terms of procedures, judicial approval for interception order should be clearly stated in the cyber laws. Keeping abreast of accommodation of human rights is the striking balance between the two competing interests.