The following issues were discussed with the Constitutional Assembly:
- Implementation of enabling legislation
While a sound constitutional provision will provide significant privacy protections, we recommend that further legislation is enacted to give effect to the right of privacy in specific areas. The interception of communications is considered one of the most abusive forms of secret surveillance and thus strong controls are required over the use of this power. Specific legislation must be enacted to authorize the surveillance of communications in ways that are consistent with constitutional rights. Similarly, data protection legislation is needed to govern the protection of personal data. This would allow individuals to control the collection and use of information about themselves.
- Privacy protections and commerce
Strong data protection laws will also help facilitate commerce and trade with areas like the European Union that demand strong data protection laws before data can be transferred out of the region.
- Implement law within two years
It was proposed by Constitutional Assembly members that privacy-specific laws be introduced within two years of approval of the new Constitution.