5/24/2019

CLFR - Fiji | Global Network Initiative

ABOUT

THE GNI PRINCIPLES

Fiji

ISSUES

MEDIA

CONTACT

PROVISION OF REAL-TIME LAWFUL INTERCEPTION ASSISTANCE
TELECOMMUNICATIONS PROMULGATION 2008
Under s.73(2) of the Telecommunications Promulgation 2008, mobile network operators must give officers
and authorities of the government such help as is reasonably necessary for the purposes of enforcing criminal
law and enforcing laws imposing pecuniary penalties, protecting public revenue and safeguarding national security. S.73(3) further states that mobile network operators will not be liable for an action or other proceedings for damages, if such act was committed in good faith (in accordance with s.73(2). The provisions of
s.73(4) also provide identical indemnities to any director, officer, employee or agent of the mobile network
operator.
In Fiji, there appear to be no specific laws that grant government law enforcement agencies the authority to
have direct access into a mobile network operator’s network without the operational control or oversight of
the mobile network operator.
DISCLOSURE OF COMMUNICATIONS DATA
TELECOMMUNICATIONS PROMULGATION 2008
Government agencies and law enforcement authorities may possess the legal powers under s.73 (2) of the
Telecommunications Promulgation 2008 (Promulgation) to compel mobile network operators to disclose
metadata.
COMPULSORY REGISTRATION OF CUSTOMERS FOR TELEPHONE SERVICES DECREE 2010
The Compulsory Registration of Customers for Telephone Services Decree 2010 requires all providers of
public mobile and fixed line telephone communications services (including any mobile virtual network operators) to obtain (and possibly retain for the period of 6 years) customer information.

https://globalnetworkinitiative.org/clfr-fiji/

1/4

Select target paragraph3