Macau | Wiretapping procedures always follow legal framework - Police

After the controversy involving legislator Au Kam San police authorities issued a statement affirming that wiretapping in the Macau SAR follows strict measures for communication monitoring or interception, such as requiring judicial approval

Macau (MNA) – The Judiciary Police (PJ) defended its use of wiretapping stating in a note on Thursday that it applies strict measures for communication monitoring or interception similar to the ones already used in several countries such as Portugal.

The police authorities have recently demanded legislator Au Kam San to issue a public apology or face defamation charges after having alleged that the police had illegally wiretapped his phone.

‘There are also differences in the specific system settings for monitoring or interception. Therefore, the system should be analysed according to local social conditions to make an objective assessment,’ police said in its note.

According to PJ, Macau’s existing wiretap system follows the system applied in Portugal, with procedures taking place under judicial supervision.

Regarding the supervision method, PJ indicated that Macau laws follow strict confidentiality procedures when intercepting data of third parties, with police authorities requiring authorisation from a judge after arguing that the information to be collected is critical as evidence.

‘Otherwise, the information would be invalid. The information obtained from illegal interception shall not be used as evidence and there are strict requirements for the use of the information obtained,’ the police indicated.

PJ underscored that either the existing wiretap or system or the future communication wiretapping system, would be under a strict regulatory framework.

By Tina Chao