Parliament was given three years to pass a new law remedying the unconstitutionality in Rica. That deadline is fast approaching.
The court gave parliament three years to pass a new law remedying the areas of unconstitutionality. The February 2024 deadline for these amendments is looming fast.) was intended in part to protect privacy, combat crime and promote national security. It requires all cellphone Sim cards in the country to be registered, and prohibits interception of people’s communications without their consent, except under certain conditions.
This clause is too broad and does not provide an ultimate deadline for notification. It introduces speculation into the decision making. That’s because the impact needs merely to be possible. There is no requirement to show a national security threat, merely a possible negative impact.a requirement for the Rica judge to be appointed by the justice minister, in consultation with the chief justice. This is adequate to the extent that it means that decision does not rest with the executive only.
However, given the load of several hundred cases a year, one judge may not be enough, either at the decision stage or the review stage. Consideration should be given to establishing a panel of judges.It is possible that the review judge was introduced to respond to the problem of hearing only from the applicant . If that is the case, then it is not an adequate response. Both judges will still be making decisions based on the same one-sided secret evidence.
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