The wiretap law against organized crime that took effect on Aug. 15 could prove a double-edged sword. It allows law-enforcement officials to eavesdrop on phone conversations (including cell-phone conversations), fax messages and e-mail. Unless properly enforced, however, the law could violate basic rights, such as privacy and freedom of the press, that are guaranteed by the Constitution.
The use of wiretaps in modern-day investigations is unavoidable because of the increasing sophistication and globalization of organized crime. But investigators must take every possible precaution to ensure strict compliance with the law. Implementing directives issued by the Justice Ministry and the National Public Safety Commission may not be sufficient.
The legislation covers four types of crime -- drug trafficking, gun running, mass smuggling of people, and murders by crime syndicates. Prosecutors, police officers (superintendents and other senior officers), narcotics controllers and officials of the Maritime Safety Agency are authorized to use wiretaps. In principle, communications can be tapped under court warrants for up to 10 days.