Egypt: Proposed Criminal Procedure Code seeks to legalize digital surveillance and undermine privacy right

Skyline International for Human Rights expresses grave concern over the proposed draft Criminal Procedure Code under debate in the Egyptian Parliament. This draft, which aims to replace the 1950 Criminal Procedure Code, threatens to erode fundamental human rights, particularly the right to privacy, and contravenes Egypt’s obligations under international human rights law. We call on the Egyptian government to immediately halt the adoption of this draft law and ensure that it fully complies withto the Egyptian Constitution and international human rights standards.

The amendments to Article 79, passed on January 13, 2025, authorize public prosecutors (with judicial approval) to intercept and confiscate various forms of communication, including letters, messages, telegrams, newspapers, and parcels. The scope is further expanded to include surveillance of wired and wireless communications, social media accounts (including private content), emails, and messages stored on electronic devices. Additionally, the law permits the recording of private conversations and confiscation of media related to data necessary for investigating felonies or misdemeanors with a prison sentence of more than three months.

Articles 79 and 80 grant investigating judges broad discretionary powers to issue surveillance orders for up to 30 days, with the potential for indefinite renewal in 30-day increments. This framework could lead to unchecked state intrusion, severely impacting individuals' privacy, particularly for human rights defenders, journalists, and political dissidents, and allowing the seizure of devices and online accounts under the pretext of criminal investigations.

Article 116 of the draft further exacerbates these concerns by transferring significant surveillance powers to public prosecutors. For the first time in Egypt’s legal history, prosecutors would be authorized to order the interception and monitoring of online communications without judicial oversight. This provision undermines the principle of separation between prosecutorial and judicial functions, granting prosecutors excessive authority that should remain exclusively with the judiciary. Article 116 also expands surveillance to include crimes related to intentional harm to public property, misuse of entrusted interests by public servants, and defamation or insult via phone calls, further broadening the scope of potential abuse.

Contradictions with Egypt’s Constitution and International Law

While Article 57 of the Egyptian Constitution explicitly guarantees the inviolability of private life and communications, yet the draft law blatantly contradicts these protections by allowing expansive surveillance with minimal safeguards. It permits surveillance without clear limitations, safeguards, or accountability mechanisms, leaving the door wide open for abuse. The lack of clear limitations and the vague language in the draft law create opportunities for arbitrary surveillance, violating the constitutional principles of legality and proportionality.

This draft law also contradicts Egypt’s Personal Data Protection Law (Law No. 151 of 2020), which was enacted to regulate data processing and guarantee individuals' rights over their personal information. The law explicitly prohibits the use or sharing of personal data without explicit consent, granting individuals the right to restrict access, withdraw consent, and be notified of data breaches. However, the proposed amendments to the Criminal Procedure Code disregards these protections by permitting the mass collection and surveillance of private communications without requiring individual consent or sufficient judicial oversight. This stark inconsistency raises significant concerns about the government’s selective enforcement of privacy protections—expanding state surveillance while undermining safeguards for personal data.

International human rights standards, including those outlined by the UN Human Rights Committee, emphasize that any interference with privacy must be lawful, necessary, and proportionate. The draft law falls far short of these requirements by granting authorities sweeping powers to monitor communications without adequate oversight. This undermines the rule of law and risks enabling systematic violations of human rights. The indefinite renewal of surveillance periods further compounds these concerns, directly contravening constitutional guarantees that such measures must be limited in duration and strictly justified.

Egypt’s ratification of the International Covenant on Civil and Political Rights (ICCPR) underscores its commitment to protecting privacy under Article 17. The draft law, however, violates these commitments, particularly by allowing arbitrary and unlawful interference with privacy, family, home, and correspondence.

Implications for press freedom and freedom of expression

Despite its international commitments, the Egyptian government has a history of using spyware and surveillance technologies to monitor online communications and suppress dissent. Citizen Lab documented that, between May and September 2023, former Egyptian MP and opposition figure Ahmed Eltantawy was repeatedly hacked using Cytrox’s Predator spyware. The attacks, delivered through SMS and WhatsApp links, began after he declared his intention to challenge President Abdel Fattah El-Sisi in the 2024 elections. Similarly, in October 2019, reports revealed that authorities were conducting a sophisticated spying operation that enabled them to access emails, track locations, and monitor contacts. Journalists, politicians, activists, and lawyers were among those targeted, with at least 33 individuals being tricked into downloading spyware disguised as useful apps.

Given this track record, the expanded surveillance provisions in this draft law pose an even greater risk to freedom of expression and press freedom. By granting authorities the power to access private communications and monitor online activity, the draft law severely threatens the confidentiality of journalistic sources—particularly those working on investigative reporting. This places both journalists and their sources at significant risk, limiting their ability to expose sensitive issues such as corruption and government misconduct. 

The overly broad provisions of the law, combined with the absence of clear legal safeguards, create a significant risk that authorities could justify intrusive surveillance under vague and undefined terms. The pervasive fear of surveillance will deter whistleblowers from coming forward and significantly hinder journalists' capacity to operate freely, ultimately weakening transparency and public accountability.

Authorities must acknowledge that journalists should never be subjected to surveillance unless under the most exceptional circumstances, where all other investigative avenues have been exhausted, and only when a compelling public interest justifies such an intrusion. Without strong safeguards, this law will serve as a tool to intimidate the press, erode press freedoms, and ultimately silence independent journalism in Egypt.

Skyline International for Human Rights urges the Egyptian government to:

1. Immediately halt the current draft and initiate a comprehensive review process to ensure the new code aligns with human rights principles.
2. Revise the country's Personal Data Protection Law No. 151 of 202 to ensure robust safeguards for personal privacy and align with international standards.
3. Engage in meaningful dialogue with civil society, human rights organizations, and legal experts to incorporate diverse perspectives into the drafting process.
4. Narrowly define surveillance powers to ensure they are strictly limited to serious crimes and subject to rigorous judicial oversight.
5. Impose strict time limits on surveillance measures, prohibiting indefinite renewals and ensuring regular judicial review.
6. Guarantee transparency and due process by ensuring individuals are are promptly notified of any surveillance activities and have access to legal remedies when violations occur.

We call on the Egyptian government to prioritize the protection of human rights and to ensure that any legislative reforms uphold the principles of justice, accountability, and the rule of law. We stand in solidarity with all those working to defend human rights in Egypt and will continue to monitor this situation closely.