In the just concluded trial of Jamaican entertainer Adijah Palmer who goes by the stage name, Vybz Kartel, the prosecution relied heavily on phone and other electronic evidence. This was a groundbreaking event for the Jamaican justice system, made possible by the Interception of Communications Act.
One very important lesson to be learnt from all this, is that the Jamaican government, similar to other countries all over the world, now has the legal backing to access your mobile phone records and intercept your call data and text messages.
The basic interpretation of the law is this: if the police has reasonable grounds that your device has information that can assist them in a criminal investigation, prevent a crime from taking place, or is in the public interest, then a judge can issue a warrant for your phone to be searched and certain information retrieved. Note that this also applies to foreign states with which Jamaican has information sharing agreements – meaning another country can petition the government and a judge for your phone records.
Read the full document HERE:
In the United States, the Supreme Court is to make a decision on cell phone privacy even as some states battle for the police to have the right to search a suspect’s phone without a warrant. Last May, one judge ruled that there can be no “reasonable expectation of privacy” given the nature of these devices.
So what are your rights? First, if you don’t know this yet, be careful what you say and who you say it to. Don’t think for a moment that because you deleted that text message, it magically disappeared into oblivion. Next, familiarize yourself with the laws of your country regarding phone usage and interceptions. Most importantly, read carefully the terms and conditions of your phone service contract. How can you complain about the barrage of marketing messages you receive daily, when you don’t even realize that’s what you signed up for in the first place?
As consumers of mobile phone services, we have to take the lead in educating ourselves as the law slowly catches up with technological advances. When in doubt, think on this: if you’re not willing to stand up in a courtroom and say it, don’t press send!