Clause 53 ordered to stand part of the Bill. The amendment would ensure that mistakes can be rectified. In particular, it deals with what happens if the Act is contravened and unlawful surveillance takes place. Under those circumstances, an individual should have the right to be notified, unless that will result in criminal action or prevent the police or other agencies from dealing with such action. By including that condition, we have dealt with the issue of whether the provisions would prejudice further investigations.
People make complaints about unlawful surveillance from time to time.
We understand why lawful surveillance and interceptions should not be revealed to the individual. However, if an interception is unlawful, it is logical that he should be told. Such provisions exist in other countries. Canada has a system under which individuals can be notified that electronic surveillance has taken place. Many other European countries, including Denmark, Germany and the Netherlands, have some form of notification.