(Guyana Times)The Federation of Independent Trade Unions of Guyana (FITUG) said it was alarmed at the illegal recording of a private conversation between a reporter of the Kaieteur News and Attorney General Anil Nandlall by the owner of the news outfit, Glenn Lall. The gist of the conversation was evidently related to the $100 million duty-free scam in which Lall was presently embroiled before the courts.
Lall has since admitted being in the habit of recording his reporters’ conversations. Observers have charged that Lall was in breach of the Interception of Communications Act. The Act of 2008 prohibits the interception of communications unless a warrant is issued by a judge based on an application. The law is also clear that any recording or tapping of citizens’ private communications must be authorised by the Chief-of-Staff of the Army, the Commissioner of Police, and the Commissioner General of the Guyana Revenue Authority (GRA). However, these officers would first have to apply to a judge for a 90-day warrant to intercept communications. Only under these conditions does the Act allow the monitoring and recording of transmissions conveyed by fibre-optic cable or any other form of wire line, by wireless telegraphy, Voice Over Internet Protocol, Internet satellite and all other forms of electromagnetic or electrochemical communication. According to the law, anyone found guilty of illegal wiretapping would be liable to a fine of $5 million and a jail term not exceeding three years.
Grave implications
FITUG said it has been following, in a general way, the public brouhaha which have stemmed from the taping of the conversation and many of those views focused on the content of the purported tape, which, seemingly, is providing a grand opportunity for essentially the politically-inclined to do some personal bashing. “But those who are hastening to take a passing advantage at this turn of events should not be short-sighted nor should they allow any exultation at this act obscure to its graver implications.”
For FITUG, certain concerns have come up. The Union said there was the disgusting and illegal nature of the taping of a private conversation by two persons, in this case, school chums. “It is scary to know that in our midst are persons who will not hesitate to violate our right to privacy, in this instance, that of our AG. It may be germane to ask: If the Attorney General of our country can be so easily targeted and illegally taped, who else within the higher echelons of our state apparatus – Government and/or Security forces – are being targeted at this time and so on?” FITUG said it found it instructive that the voices shunning intrusion of privacy were not as strong as “one should expected”. “It is also a learning experience to hear quarters who justifiably consistently condemn criminal activities in our society are so silent in the illegal eavesdropping and taping of our AG.
“Over the generations, many values have evolved that determine our humanity. Respect of privacy is one such and a value and human right highly cherished. To feel secured in our today cannot be limited to protection from physical harm and of our personal property but extends to communication with our family, neighbours, friends, workmates, clients, patients, etc. Violation of such private interactions undoubtedly becomes a threat to our democratic culture, which is still being consolidated.” “As we read in recent times, instances of such type of illegality and surveillance have had their unwanted repercussions and ugly backlash. We are not unaware that the AG episode comes close on the heels of another semi-sensational issue pivoted around the Speaker.
“Clearly, new challenges have emerged in our society. As a people, we need to take heed of such. Falling standards cannot be left unattended. FITUG holds the view that the hype around the AG at this time really reveals how our right to privacy is being undermined and that our democratic thrust as a country can very well be in jeopardy.”
