Good points Noah

That now calls for a DATA protection act which would then focus on the 
interests of the individual and needs to be originated from the public shere. 
Sent from my BlackBerry® smartphone from Zain Uganda

-----Original Message-----
From: Noah Sematimba <[email protected]>
Date: Fri, 16 Jul 2010 10:38:43 
To: Wire James<[email protected]>
Reply-To: Linux Users Group Uganda <[email protected]>
Cc: Linux Users Group Uganda<[email protected]>
Subject: Re: [LUG] Phone Tapping Bill


On Jul 15, 2010, at 9:45 PM, Wire James wrote:

> Kyle
>
> A minister does not have the powers to appoint a judge.

One could argue that his boss the president does and most probably  
they have a similar agenda however I would agree that this at least  
tries to mitigate since the criteria for someone to qualify as a judge  
has a rather high bar especially if they should limit it to people who  
would qualify to be high court judges. I haven't read the bill so I  
don't know what type of judge they specify. The requirements vary with  
the level. I would not feel at all comfortable if the requirements  
were similar to the criteria for qualifying to be a magistrate. High  
court or higher would be the one way to actually ensure a sense of  
proper scrutiny having been done.

Has anyone gotten a copy of this yet? Can they please post it on the  
list?

I do have  concerns like whether there is a legal way to force the  
government to reveal whether or not they are tapping your  
communications and why?

Are there restrictions to force them not to delete this data they  
collect in case one is involved in a dispute with the government  
concerning misuse of the  information they collected by tapping your  
communications? For example if they got business secrets and then used  
them to outcompete or force someone out of business, there needs to be  
a way to force the government to disclose what data they collected and  
prove that they had this information and someone misused it for their  
private gain.

Are there legal ways to compel the government to delete data that is  
not relevant to the investigation they were carrying out?

Noah.



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