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

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