Noboa’s controversial intelligence-gathering law squeaks through the National Assembly
President Daniel Noboa’s bill that gives the government extra authority to collect information about suspected criminal activity passed the National Assembly Tuesday by a two-vote margin. It is the second major Assembly win for the president who’s “National Solidarity” law passed on Saturday.
The Organic Law on Intelligence narrowly passed the National Assembly on Tuesday.
The fate of the law, officially the Organic Law on Intelligence, was in doubt until the final votes were counted. In addition to Noboa’s Democratic Action party, it passed with the support of four Pachakutik members, three independents and a member of the Citizens Revolution bloc.
The law gives law enforcement agencies and the National Intelligence System additional authority to collect telecom, digital and hard copy information from individuals and organizations if they believe a crime has been committed. Under the law, telecommunications services and internet providers will be required to provide government investigators with information without a court order.
The law also restricts oversight of the new intelligence gathering functions to the Assembly’s Security Commission. The legislation requires that all questions by Assembly members about intelligence operations must be channeled through the commission.
Public requests for information must be submitted to the National Intelligence System.
Critics claim the law violates constitutional guarantees of privacy and due process. Members of the center-right Social Christian party joined the Citizens Revolution bloc in voting against it.
Sponsors defend the law, claiming that the judicial system will make the final determination of guilt or innocence in cases where the new intelligence-gathering rules apply.
Extra drama was added to Tuesday’s vote when Citizens Revolution’s David Arias broke with the RC bloc to support the bill. Arias, who represents the Galapagos, was promptly dismissed from the party, which has lost three members since the February election.
