Lawyers fear wiretapping legislation is open to abuse

The police have to “find a balance” between human rights and public safety.

This is the opinion shared by two of the island’s lawyers, who believe the new wiretapping law could be abused.

Mark Pettingill and Charles Richardson both support the legislation to keep tabs on suspected criminals who use technology to plan crimes.

They say it is a much-welcomed tool for the police to gather evidence, which could lead to prosecutions in court cases.

But the lawyers have raised concerns about the new law infringing on personal freedom and privacy.

They say there is “a fine line” between the pros and cons of the law and those involved must ensure it is used in the right way.

Mr. Pettingill, who is also an MP for the BDA, said: “We are thinking outside of the box with this law and using technology advances.

“It will make the gathering of evidence easier.

“We are trying to be proactive rather than reactive. We are catching up with the rest of the world.

“We need to try everything we can. We have to keep up with technology. I’m all for it.”

Mr. Richardson added: “It is hard to disagree with the need to monitor phone conversations in our current climate.

“Considering everything that is going on in Bermuda and that all other civilized nations do the same thing, it just makes sense. The recording of a phone discussion revealing sordid details of a crime, that is good evidence. The technology exists and we have to use it.”

But Mr. Richardson admitted the new law could be “open to abuse”.

He said: “It has to be used properly. If it’s not it’s an obvious violation of a person’s privacy.

“The police will have to take a very serious view of rights being infringed.”

Mr. Richardson said police had to ensure they only targeted suspected criminals.

He added: “It doesn’t matter what the legislation says, you can add 20 different sub-sections listing everything that has to be adhered to. But if police officers wanted to get around it they could. They can do it and they will do it.

“For example, it would only take one pokey police officer to want to check up on a female partner’s infidelity.”

Mr. Pettingill stressed the new legislation should never become “a fishing expedition”.

He said if the new laws were abused it would be a “a huge infringement on people’s rights”.

He added: “The police will need to provide the appropriate information to be able to carry out the process.

“They will have to have a valid basis to act — equivalent of obtaining a warrant to search a property.

“It will have to be a system of checks and balances so it cannot be abused.”

Mr. Richardson also questioned how many innocent conversations police would have to listen to before they got the evidence they were looking for.

He said: “They will have to listen to a lot of everyday conversations between people who believe they are speaking in confidence. Who is going to want a police officer listening to them whispering sweet nothings to their boo?”

Doubts have also been raised about how long the recorded phone conversations will be kept for and whether they will be stored confidentially.

Mr. Richardson said: “It wouldn’t take much for a few data sticks to be leaked then before you know it, people’s private conversations could be in the public domain.

“People don’t trust the police as it is. They need to know that these conversations will be kept confidential and destroyed after a period of time.”

It has been suggested the new law could lead to a reduction in cellphone usage as criminals seek “new ways” to avoid getting caught.

But Mr. Richardson said: “We don’t talk anymore, we use our phones to text.

“There was a time when people didn’t rely on cellphones to plan their criminal activities. Criminals can easily return to their old ways.”

A Bermuda Police spokesman refused to address specific concerns about the new legislation.