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The Comment of the Egyptian Organization on
the bill of protecting data and information and fighting electronic crime
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3/1/2008
After the Egyptian Organization looked into the draft law concerning the protection of data , information and fight against electronic crime , it expresses its deepest worries about the contents of the restrictions imposed on the freedom of information in particular, and the freedom of opinion and expression in general.
In this regards, the Egyptian Organization confirmed that the freedom of opinion and expression are considered the fundamental freedoms that no democratic system can stand without them.
The right to freedom means human ability to adopt ideas without restrictions and the ability to express about these ideas by any means without violating laws or governmental traditions that permitted the right to express .
We find that the above-mentioned principles were included by the international covenants on human rights, ratified by the Egyptian government and became an integral part of its interior law, in accordance with article 151 of the Constitution.
With the review of Article 19 of the Universal Declaration of Human Rights, we find that it has given ample room for freedom of opinion and expression . It stipulates that "Everyone has the right to freedom of opinion and expression, this right includes the freedom to hold opinions without interference, receive news and ideas, and impart any means regardless of frontiers. "
Article 19 of The International Covenant On Civil & Political Rights 1966 stipulated the following :
- Everyone has the right to hold opinions without interference.
- Everyone has the right to freedom of expression. This right includes the freedom to seek different forms of information and ideas, receive and impart to others regardless of frontiers.
- Practicing the right to express depends on duties and special responsibilities .
So this right can be submitted to some restrictions according to law for the sake of :
- Respecting the rights of others or their reputation
- For protecting the national security or public system or public health or morals
The Egyptian organization highlighted some international principles of Article 19 that guaranteed the right to get information , some of these principles are as follows:
The first principle :
Stipulated the necessary for providing all available information that public authority has without any restrictions except for narrowest limits . Government takes charge with covering any information on citizens .
The second principle :
This principle stated the necessary of government to spread information related to its management for public bodies .Also government must issue any decisions or policy which has any effect on citizens .
The third principle :
This principle stipulated that legislations which organize the freedom of obtaining information have to include influenced procedures that inform people with information and promote for opening policy .
The ninth principle :
This principle entitled” protecting who gives information “ legislations have to include rules to protect individuals who give information from employment penalties .
Egyptian organization notices on the bill
With a quick reading of law articles , we will find that it violate the two above mentioned articles . The council of data protecting – according to Article 3 – controls the truth of information , and this form a restriction on the freedom of opinion and expression .
On other hand , the judiciary seizure position of data council employees is considered a violation against the freedom of opinion and expression . According to article 25 of the draft ,minister of justice and the involved minister can take a decision for granting the employees of data protecting council the feature of judiciary seizure against crimes committed related to the rules of this law.
It was noticed that there is a severity punishment in case of violating the law of data . The punishment exceeded to confiscate devices and electronic medias despite that punishment principle has to be aimed at the involved person not his machines and his work location . Article 27 stated that any one modifies electronic data will be sentenced to prison and fine not less than 1000 L.E and not more than 20000 L.E and the court will confiscate his machines and electronic medias and programs used in the crime .
Also Article 7 included concepts and terms that need to be clarified such as “Measures and procedures to protect and guarantee information” and “ The interest of cautious man” . These measures and procedures were not determined . The Article stated that the controller of data is allowed to take all measures and procedures to protect and insure electronic information and he has to exert his best effort like the interest of cautious man.
It is necessary to determine what is the meaning of the crime of harming the economic position of the country . Article 39 stated that the punishment of crimes indicated in Articles (27-35 ) is prison sentence and fine not less than 700000 L.E and not more than million pound . On other hand, harming the economic position of the country is stated in penal code , so there is no way to repeat what had been said before .
Suggestions
EOHR suggests amendments to the bill as follows :
- financing
Stipulation : State allocations and grants, donations and the proceeds of fines
Suggestion :reference to the financial resources stipulated in the bill, the necessary for getting a finance from business men and electronic newspapers chiefs- in –editors .
- Data protecting council
Stipulation :this council is subsidiary to the cabinet and lead by the minister of communication and includes 14 members .Its mission is suggesting legislations and plans and programs and takes executive procedures .
Suggestion :this council shouldn’t be submitted to the cabinet only but to the supreme council of the press as well .It is noticed that the composition of the board include Commissioner-General, the judge of court of appeal , consultant of council of state ,representative of ministry of defense , interior ministry and public intelligence while it should include members of the supreme council of the press , professors of media and law and civil society activists .As for the judge of court of appeal , he should be chosen by the general assembly of the court of appeal . As for the consultant of council of state , he should be chosen by the general assembly of council of state instead of minister of justice interference .
- The necessary for including a special term that punish any individual in government side or public side with imprisonment or fine in case of withholding information on journalists or imposing any restrictions that intercept the freedom of information flow without violating necessaries of national security and defense .
- The necessary for setting a financial monitoring side for the council of data protecting submitted to The Central Auditing Organization ( CAO) or any other monitoring body to guarantee its financing transparency and expenditure .
EOHR calls for sending a copy of the bill to the involved sides of journalism , media , electronic press , human rights activists , professors of media and law and syndicate of journalists to hear the different point of views concerning the subject of discussion .
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