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