The Minority Caucus in Parliament has described key surveillance and warrant provisions in the Security and Intelligence Agencies Bill, 2025 as “deeply troubling”, warning that they pose a serious risk to privacy rights and civil liberties.
Contributing to the debate on the report of the Committee on Defence and Interior, the Minority raised strong objections to clauses that allow applications for the interception of communications to be made not only to a Superior Court judge but also to a senior police officer.
The Caucus argued that administrative authorisation for such intrusive powers undermines the fundamental principle that only a court should approve invasions of privacy.
The Minority also criticised the Bill’s allowance for broad warrants that can cover an entire class of persons and remain valid for up to sixty days. They pointed out that the legislation fails to include critical safeguards.
These missing safeguards include any requirement to notify affected individuals after surveillance has ended, mandatory periodic review of the necessity for continued surveillance, and provisions for the destruction of irrelevant or non-pertinent data collected.
The Caucus further expressed alarm over clauses that limit parliamentary oversight. The Bill permits security officers to refuse to produce documents or appear before Parliament if the Speaker certifies that disclosure would be prejudicial to national security.
There is no requirement to provide reasons for such refusal or even to submit redacted versions of the documents, the Minority noted.
Additionally, the group highlighted the absence of explicit whistleblower protections. The Bill imposes stiff criminal penalties of between five and ten years imprisonment for certain unauthorised disclosures.
“National security and civil liberty are not opposing goals. We can protect our nation without eroding the freedoms of our people,” the Minority emphasised.
The Caucus is calling for amendments to ensure that judicial authorisation remains the sole mechanism for approving surveillance warrants, alongside stronger safeguards for whistleblowers and enhanced protections for privacy and parliamentary scrutiny.