5/24/2019 CLFR - Egypt | Global Network Initiative subject toABOUT the direct administration of competent authorities,ISSUES and their employees to being summoned, during THE GNI PRINCIPLES MEDIA any circumstances relating to national security. Failure to respond to such summons attracts criminal penalties CONTACT including imprisonment. National security is defined at the discretion of the authorities. There is no directly applicable text in the law, but in accordance with Articles 64 and 67 of the Communications Law, the armed forces and national security agencies have broad latitude to intercept communications with or without an operator’s control or oversight. DISCLOSURE OF COMMUNICATIONS DATA THE EGYPTIAN CRIMINAL PROCEDURES CODE The Egyptian Criminal Procedures Code (Law 150 of 1950) gives law enforcement agencies the legal authority to require the disclosure of communications data. Under Article 95 of the Criminal Procedures Code, reasoned warrants from a prosecutor or investigative judge can be issued where they assist in the investigation of any felony or misdemeanour attracting a sentence of over three months, for no more than 30 days and can be renewed once; or the instrument may be a direct order from an authorised member of the armed forces or security agencies. There are no explicit regulations regarding the latter. NATIONAL SECURITY AND EMERGENCY POWERS Except as already outlined above, law enforcement agencies and intelligence agencies do not have any other legal authority to invoke special powers in relation to access to communication service providers’ customer data and/or network on the grounds of national security or a state of emergency. OVERSIGHT OF THE USE OF THESE POWERS Applications made pursuant to the Egyptian Criminal Code and the Criminal Procedures Code require a warrant to be issued by a judge. When making an application to the court, the standard is that the court should be satisfied that the warrant is needed for a ‘serious effort’ to be made investigating the crime in question. Anyone claiming violation of privacy or illegal wiretapping can bring a civil suit for damages or file charges for the use of illegal wiretaps, or seek to have illegally obtained evidence dismissed. Generally, the armed forces and national security agencies are largely exempt from any control or oversight by the communications regulator, the National Telecommunications Regulatory Authority. CENSORSHIP RELATED POWERS SHUT-DOWN OF NETWORK AND SERVICES TELECOMMUNICATIONS REGULATION LAW Article 67 of the Telecommunications Regulation Law (No 10 of 2003) provides that all telecommunications https://globalnetworkinitiative.org/clfr-egypt/ 2/5

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