Osman Gunduz: "Domestic intelligence services have a right for unlimited tracing and withdrawal of information from the cell phones of Azerbaijani citizens"

-Mr. Gunduz, Azadlyg newspaper correspondent Fikret Huseynli has previously expressed intention to file a claim against Azercell mobile operator. According to the plaintiff, owing to this mobile operator, respected persons received abusing messages from Fikret Huseynli's number. Do you think the claims are substantiated?

-I would say the following: the cell phone operators has an Internet source for sending messages to the number of all its customers.

Many other internet resources also have such a potential. A few years ago these resource were more diverse. In this connection, it should be noted that Azercell and Bakcell, which had ports for sending such messages via Internet a couple of years ago, have closed them.

And besides, we know that the cell phone users regularly get messages, inviting them to take part in any company by sending messages to any number. In this case, we see that the operators may send any message to any number of their customers by means of the mobile communication they have, if these services are integrated into internet.

It means that Azercell can learn who, when and where has sent this or that message: from which IP directly via the phone or via the website.

However, there is a third variant. We regularly hear that a hacker in any part of the world breaks the security algorithm of GSM-technologies or any mobile technologies and thus carry out different manipulations with the cell phone numbers of the said mobile operator.

But I do not think that the third variant is applicable in Azerbaijan, as such hacker actions require great financial reserves and the most developed, intellectual and advanced hackers.

-In this connection there is another questions. According to the Russian mass medias, Russian Ministry of Information and Communication has empowered all telecommunication companies toallow the federal security service to hold unlimited and uncontrolled listening of cell phones and withdrawal of information. Is it possible in Azerbaijan?

-It is not only possible, it is practiced in Azerbaijan.

Moreover, such actions of intelligence services are regulated by the law. Following the terror acts in the USA the world has changed and security measures in all the countries have strengthened. In order to prevent possible threat of terror, a number of countries adopted significant amendments to the law.

Thus, the local intelligence services have a right for the unlimited listening and withdrawal of information from the cell phones of the Azerbaijani citizens in the framework of the law "On operative search activity". The law reads that mobile operators should provide conditions for listening and withdrawal of any information from the cell phones of people, whom the intelligence services of our country consider dangerous, suspicious and against whom the operative search actions should be held.

-How can an ordinary Azerbaijani feel that his phone is listened and how can he defend himself from such actions?

-Nowise.

This is the main negative feature of our legislation as compared to the law of the developed countries. These countries adhere to complete transparency in any issue, when upon completion of search measures and investigation, a person, whose telephone was set for listening, is informed about it.

Unfortunately, in our country the actions are kept secret. I think this is incorrect. As is process of listening to the phone calls, the intelligence services get large information about his private and personal life.

The west applies perfect mechanisms of liquidation of information so that it can not be made public. Azerbaijan should also think over such mechanisms.

Moreover, our legislation is in need of significant changes on issue regarding cases when cell phones of any citizens of Azerbaijan can be listened and who will undertake the responsibility for the confidentiality of talks, guaranteed by cell phone operators.

/Day.Az/