The Minority Caucus in Parliament has raised serious concerns over the sweeping surveillance and warrant provisions contained in the Security and Intelligence Agencies Bill, 2025, warning that the legislation could undermine the privacy and civil liberties of Ghanaians.
Speaking during debates on the Committee’s report, the Minority Leader Alexander Afenyo-Markin emphasised that the Bill grants authorities the power to intercept communications not only through judicial oversight but also via authorisation from senior police officers.
The Caucus argued that such administrative authorisation could set a dangerous precedent, sidelining the principle that only an independent court should approve invasions of privacy.
“The Bill’s provisions for administrative approvals of surveillance powers are deeply troubling,” the Minority said, highlighting that these powers could be exercised broadly without sufficient accountability. One particularly contentious element cited was the Bill’s allowance for “broad warrants” that could target an entire class of persons and remain valid for up to sixty days.
According to the Minority, the legislation does not include mechanisms to notify affected individuals once surveillance ends, nor does it require periodic review of the necessity of such monitoring.
They further noted the lack of mandatory destruction of irrelevant or excessive data, raising concerns about potential misuse.
Parliamentary scrutiny, the caucus added, is also restricted under the Bill.
Security officers may refuse to present documents to Parliament if the Speaker certifies that disclosure could harm national security, without the need to provide reasons or redacted information.
“This limits transparency and accountability at a time when public oversight is essential,” the Minority remarked.
The proposed law also carries criminal penalties ranging from five to ten years for certain disclosures but does not explicitly safeguard whistleblowers, a gap the Minority believes could deter reporting of abuse within security agencies.
“National security and civil liberty are not mutually exclusive. We can safeguard the nation while protecting the freedoms of our citizens,” the Minority concluded, urging amendments to ensure that warrant authorisation remains solely judicial and that stronger protections for whistleblowers are enshrined in law.
The Security and Intelligence Agencies Bill, first tabled in 2025, is part of a broader effort by government to modernise oversight and operational capacity of intelligence and security agencies.
However, the Minority’s intervention underscores growing concerns about balancing national security needs with the protection of individual rights in the evolving legal landscape.
