Experts Criticize Cabinet of Ministers Decision "Granting Monitoring Authority to Ordinary Center"

Baku/20.06.23/Turan: The recent decision by the Cabinet of Ministers to amend the "procedure for registering mobile devices" has drawn criticism from experts who argue that it grants unprecedented surveillance powers to an ordinary registration center. The decision, approved on December 28, 2011, empowers the Registration Center For Mobile Devices to monitor citizens by accessing information on mobile devices' digital numbers, international identities, operation details, call registrations, and locations. The center will analyze this data for a three-month period prior to the registration of a mobile device's International Mobile Equipment Identity (IMEI) number on a blacklist.

Osman Gunduz, President of the Azerbaijan Internet Forum, expressed disbelief at the expanded authority granted to the registration center, stating, "The new rules have inexplicably given someone in the registration center full real-time control over all mobile phone operations nationwide." Gunduz argued that while security measures against crime and terrorism are important, Azerbaijan already possesses established systems, laws, and competent bodies to handle such matters. Under previous rules, the center could request information from mobile operators on a case-by-case basis, with operators having specific procedures for sharing data. The new decision allows the registration center to track citizens discreetly and in real time without leaving any traces, raising concerns about potential misuse of these powers.

Gunduz questioned whether the State Security Service (SSS) or the Internal Affairs Directorate, which traditionally handle security matters, were aware of the registration center's expanded authority. He also raised the issue of potential violations of citizens' rights protected by the Constitution. Stressing the risks associated with the new rules, he called for clarity on the legal basis, formalization, data presentation, prevention of data misuse, and ensuring security in the tracking process. Gunduz hoped that relevant authorities and the ombudsman would address these concerns.

Alasgar Mammadli, a lawyer, criticized Azerbaijan's lack of emphasis on international standards for the collection and use of personal data. While the country joined the old International Convention No. 108, it has not signed the updated convention, which sets new standards in data protection. Mammadli highlighted the need for strict protection of personal data, advocating for its use only in exceptional cases with a court decision and within defined limits for crime prevention. He argued that the Cabinet of Ministers' decision constitutes illegal collection and use of personal data, and it interferes grossly with personal and family life, contradicting Article 8 of the European Convention on Human Rights.

Mammadli asserted that the decision lacked a legal basis and violated Article 32 of the Azerbaijan Constitution, which prohibits interference with private life except for specific purposes defined by law. He contended that the decision enabled systematic and continuous monitoring, extending far beyond the limits of the law. The lawyer concluded that it was an attempt to intrude on people's lives under the guise of the state.

The concerns raised by experts highlight the potential implications of the Cabinet of Ministers' decision on citizens' rights and privacy, as well as the need for stronger legal safeguards and oversight in Azerbaijan's data collection and surveillance practices.