Cyprus Moves to Allow Intelligence Wiretaps Without Court Approval, Raising Oversight Concerns
By Bosphorus News Geopolitics Desk
Cyprus is advancing a constitutional amendment that would allow its intelligence service to conduct wiretaps without prior judicial approval in national security cases, marking a significant shift in how surveillance powers are authorised on the island.
The proposal would amend Article 17 of the Cypriot constitution, which guarantees the secrecy of communications. Under the draft, the commander of the Cyprus Intelligence Service (KYP) would be able to authorise surveillance directly, without a court order or prosecutorial sign-off.
The measure remains under parliamentary review and has not yet been enacted. Any amendment would require at least 38 votes in the 56-seat parliament, a threshold that has yet to be tested.
Under the proposed system, the intelligence chief would be required to notify a three-member oversight committee within 72 hours of authorising surveillance. The committee would be chaired by a former senior judge who has served at district, supreme or constitutional court level.
The changes apply only to the intelligence service. Police authorities would continue to require a court warrant to access private communications.
The current proposal follows a revision of earlier plans that would have given the attorney general authority to approve intelligence surveillance without court involvement. That model was dropped after a closed parliamentary committee session on March 20, removing the attorney general from the authorisation process.
Justice Minister Costas Fitiris has defended the legislation as a necessary response to organised crime and external threats. “Our line of defence depends to a large extent on these bills,” he told lawmakers on March 11.
KYP chief Tasos Tzionis said Cyprus faces pressure from foreign actors and state-linked operations, arguing that requiring judicial approval in every case could delay urgent intelligence action.
A separate but related bill concerning journalists has also drawn scrutiny. Drafted as part of Cyprus’s alignment with the European Media Freedom Act, the proposal would allow authorities to seek court orders requiring journalists to reveal sources and could open the way for surveillance tools to be used against reporters and their contacts.
The Cyprus Bar Association has criticised that bill as unconstitutional, warning that it grants disproportionate powers against a group that should receive enhanced protection. Cyprus has dropped 10 places in the Reporters Without Borders Press Freedom Index and now ranks 65th globally.
The parliamentary legal affairs committee continues its article-by-article review of the package, with further discussions scheduled. No date has been set for a plenary vote.