A familiar pattern of one step forward and two steps back appears to be shaping Cyprus’s long-running debate over the monitoring of telephone communications by Cyprus Intelligence Service (KYP), intended to combat organised crime, serious criminal offences and safeguard national security.
After several years of inactivity, the Ministry of Justice and Public Order revived the issue last February. The draft bill was approved by the Council of Ministers in early February and submitted to parliament, where it was discussed across six sessions of the House legal affairs committee in the presence of all relevant stakeholders.
Backlash over AG's role
From the outset, strong objections were raised over a provision concerning the Attorney General of the Republic. The original draft required the Attorney General’s written approval to lift the confidentiality of communications in exceptional and urgent cases, where such intervention would be deemed necessary in a democratic society for the protection of state security and sovereignty.
While this provision would only apply in extraordinary circumstances—routine surveillance requests would still require court approval—it sparked significant backlash. Critics argued that it concentrated excessive power in a single office, without sufficient oversight or accountability.
Recognising that the bill would not pass in its original form, the legal affairs committee and relevant bodies—including the Legal Service, Ministry of Justice, KYP and the police—explored alternative approval mechanisms.
Three-member oversight
Following intense consultations, a revised version of the bill was agreed by majority at an extraordinary committee session on 27 March. Under this proposal, the Attorney General would be removed from the process. In highly exceptional cases, authorisation for surveillance would instead be granted by the head of KYP, subject to review by an existing three-member oversight committee.
These exceptional cases primarily concern national security threats. The head of KYP would be required to seek the committee’s review within 72 hours of authorising any surveillance.
However, this compromise failed to secure the necessary support for a constitutional amendment, which requires a two-thirds parliamentary majority (38 MPs).
Power in the court
In response, Nicos Tornaritis, chair of the House legal affairs committee, submitted an amendment on behalf of Democratic Rally (DISY) proposing that all requests to lift confidentiality should be authorised exclusively by the courts, effectively removing KYP from the approval process.
Although the bill was expected to be put to a vote in plenary last Thursday, the vote was postponed following a request by the executive. The matter has been referred back to committee, meaning the next parliament will now carry the responsibility for its fate.
Uncertain path ahead
The delay raises questions about what comes next. The Ministry of Justice, police and KYP are reportedly keen to introduce surveillance powers, and are examining alternative approaches to address concerns raised during parliamentary debate—particularly regarding approval procedures.
One proposal under consideration comes from the Cyprus Bar Association, which has suggested establishing an independent oversight body.
The Bar Association has called for strict safeguards, including prior authorisation by a judicial or independent authority, explicit protection of legal and journalistic privilege, the right to challenge surveillance decisions in court, and clear limits on the exercise of such powers.
Expanded list of offences
The draft legislation also broadens the range of offences for which surveillance could be authorised, either for investigation or prevention. These include terrorism, espionage, attempted murder, child sexual exploitation and abuse, child pornography, migrant smuggling and money laundering.
It also covers cyber-enabled offences carrying prison sentences of five years or more, as well as drug-related offences involving possession with intent to supply.
This article was originally published on the Greek-language Politis website.