A request filed by attorney Pazhany Rangasamy for a stay on the implementation of the 2023 regulations on information and communication technologies, specifically regarding the re-registration of SIM cards, was heard yesterday before Chief Justice Rehana Mungly-Gulbul.
The Prime Minister’s Office and the Data Protection Commission presented their arguments to challenge this request.
The State denies engaging in phone tapping or monitoring phone conversations. Two affidavits were filed yesterday.
The case was adjourned to March 18 for the exchange of final documents before being set for a substantive hearing.
In an affidavit signed by Veemala Coolen, Assistant Permanent Secretary at the Prime Minister’s Office (PMO), the State maintains that the re-registration of SIM cards aligns with government measures to combat drug trafficking.
The State assures that the constitutional rights of Mauritians will not be violated as their data will still be protected, unless there is a court order authorizing various parties to access it.
The PMO emphasizes in its arguments that these changes were made in the interest and security of the public.
The PMO also confirms that no biometric data will be stored. Regarding the requirement for color photos, the PMO points out that this is nothing new as many procedures, such as obtaining a passport, require a color photograph.
“Taking the photograph serves a legitimate purpose as it prevents identity theft,” believes the defendant.
In the affidavit signed by the Senior Data Protection Officer, Mohammad Reza Mukoon, the Data Protection Commission requests the court to reject attorney Rangasamy’s request as it is seen as a disguised attempt to challenge the authority which can issue regulations.
The main constitutional complaint case will be called on April 2. In his request, the attorney highlights that the obligation to provide sensitive personal information to an operator violates the Constitution and the Civil Code.
The complaint targets the State, the Minister of Technology, Communication and Innovation, as well as co-defendants such as the Information and Communication Technology Authority, the Data Protection Commission, Emtel Ltd, Mauritius Telecom and Mahanagar Telephone Ltd.
It is worth noting that many individuals have opposed the mandatory re-registration of SIM cards, as although the legal process has been hindered by successive delays, authorities continue to urge citizens to re-register their SIM cards or face deactivation after April 30, 2024.
A solidarity front has formed, bringing together several determined citizens to fight what they see as an unconstitutional decision.
Source: l’express
