Islamabad’s High Court has lifted a restriction on telecom companies sharing data with police investigating criminal suspects. This move comes after previous inquiries stalled due to a court order preventing telcos from providing surveillance data.
The initial order, issued by Justice Babar Sattar in late May, stemmed from petitions concerning leaked audio recordings. This led telecom operators to halt cooperation with police, refusing to share call detail records and live locations of suspects, despite existing protocols established by the interior ministry.
High Court has now clarified that telecom companies can resume data sharing under these protocols until the legality of such instructions is decided. However, Justice Sattar stressed that any surveillance must be conducted legally under the Telegraph Act, Telecommunication Act, and the Fair Trial Act, which requires a warrant from a high court judge. Unauthorized surveillance is a violation of citizens’ fundamental rights, including privacy, liberty, and dignity, as protected by the Constitution.
The court has directed that until the next hearing, intelligence agencies and police can only conduct surveillance following the Fair Trial Act. Additionally, telecom companies are prohibited from facilitating any unauthorized surveillance activities.
