Electronic Surveillance and Human Rights: The Case of Uganda

Over the years, state security and law enforcement agencies have used the interception  of the private communications of individuals as a tool to investigate and fight crime. In some jurisdictions, this is provided for under the law while in others it is not. In Uganda, the Regulation of Interception of Communications Bill of 2007 was tabled before parliament in 2009. The bill seeks to establish a framework for the interception
of communications (especially electronic communication) in the interest of national security, crime prevention and law enforcement. Prior to the bill, the law only provided for electronic surveillance and communication interception for cases related to terrorism. The Uganda Government has since tabled three other bills before Parliament all of which are aimed at regulating the use of Information Communication
Technologies (ICTs), especially the Internet. This article argues that electronic  surveillance and the interception of individuals’ communications largely violates human rights, especially the rights to privacy, freedom of expression, opinion and access to information. The author argues that although the state has an obligation to protect its citizens, any surveillance techniques employed should be provided for under the law and should follow strict due process. A balance should be struck between national security, law enforcement and the protection of human rights.