Strengthening Intelligence Surveillance as a Counterterrorism Measure in Indonesia and Canada

Abstract

This paper examines some of the legal issues that occur in Indonesia and Canada related to the use of surveillance technology to fight against terrorism. It also explores a few of the issues raised with respect to the protection of the right to privacy as a fundamental right in both countries, especially in the context of gathering information through surveillance technology. This study finds that both Indonesia and Canada do not explicitly state the right to privacy in their constitutions. One difference between the two countries in terms of their approach to using surveillance technology in combating terrorism is that Indonesia places a significant emphasis on national security, which can result in a partial sacrifice of the right to privacy for suspected individuals. Conversely, Canada has a legal framework for surveillance and interception, supported by a well-established legal jurisprudence that addresses the specific legal requirements applicable to surveillance methods in various situations. Indonesia’s legal framework regarding surveillance lacks clear limitations on when surveillance becomes excessive and violates the right to privacy. In Canada, the general requirement to obtain a search warrant from a court serves as a safeguard to protect against potential infringements of fundamental rights, although it does not guarantee flawless protection in all circumstances. Breaches can still occur and be challenged in court.