5/24/2019 CLFR - Fiji | Global Network Initiative Under s. 13 (1) of the Compulsory Registration of Customers for Telephone Services Decree 2010, a magistrate or justice of the peace (on reasonable suspicion or inquiry) may issue a warrant authorising a police officer to obtain customer registration details connected to one or more telephone numbers if the magistrate or justice of the peace thinks such information is necessary for investigations relating to prank calls to national emergency telephone numbers and also for investigations under the Crimes Decree 2009 relating to treason, offences against the government, offences against public order, offences against international order, offences against the person and threat of injury to a person employed in the public service. CRIMINAL PROCEDURE DECREE 2009 S.98(1) of the Criminal Procedure Decree 2009 permits a magistrate or justice of the peace (where proved in fact or on reasonable suspicion) to authorise a police officer or other person named in a search warrant to search any building, ship, carriage, box, receptacle or place named or described in a warrant. S. 98(2) permits the officer or any other person named in the warrant to seize the item and take it to the court issuing the warrant or some other court to be dealt with by the relevant law. In such instances the warrants may require the seizure of all electronic devices and any storage devices if such items are used or are reasonably believed to have been used in the commission of an offence. FIJI INDEPENDENT COMMISSION AGAINST CORRUPTION The Fiji Independent Commission Against Corruption Promulgation 2007 establishes the Fiji Independent Commission Against Corruption which is the body primarily responsible for investigating and prosecuting corruption in government and the public sector. Under s. 10B of the Fiji Independent Commission Against Corruption Promulgation 2007, a magistrate who is satisfied on information on oath that in any premises or place where there is evidence of a commission of an offence the officer assisting the magistrate may enter upon and search the place or premises and seize any items which the officer believes may contain evidence of any offence. NATIONAL SECURITY AND EMERGENCY POWERS Except as already outlined this this report, the government does not have any other legal authority to invoke special powers in relation to access to a mobile network operator’s customer data and/or network on the grounds of national security. If a state of emergency is declared by the President under the Emergency Powers Act 1998, the President may on advice of the Cabinet make regulations affecting access to communications and/or networks. Fiji has enacted a new Constitution in 2013. Under s.154 of the Constitution it is the Prime Minister, on advice of the Commissioner of Police and Commander of the Fiji Military Forces, who can declare a State of Emergency. The Constitution provisions therefore impliedly repeal the Emergency Powers Act. https://globalnetworkinitiative.org/clfr-fiji/ 2/4