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Apprehensions around Guyana “Spy” Agency should be put to bed

May 04, 2023 Letters

Dear Editor,

The NISA Legislation in Parliament is to establish a legal entity (a national agency) with responsibilities for protecting the State of Guyana against foreign and domestic enemies. To call or refer to NISA as a “spy” agency does not chime with the raison d’etre of said legislation. Columnist GHK Lall’s assertion that NISA is a “spy” agency is misleading and devoid of understanding of the role and function of a national intelligence agency. The fears and apprehensions that he referred to in his column of May 2nd are historically grounded and understandable. But those fears and legitimate concerns are precisely what the legal establishment of NISA would put to rest.

Let us address one of those fears, a major one: unwarranted interception of communication. The Telecommunication’s Act passed in 2008 made it abundantly clear that a politician, minister of government, the president or prime minister, the vice president, not even the director of the “spy” agency can authorize an interception of communication. If such a request is sent to the director of the agency, the executing unit, the latter cannot authorize it without a ruling from a judge. Ideally though, Guyana should tighten up that Act’s modus operandi with a few amendments.

The Government of Trinidad and Tobago passed its Interception of Communications Act in 2010. This Act stipulated that anyone of these three persons, the Commissioner of Police, the Chief of Defense Staff, and the Director of the Strategic Services Agency (SSA) can authorize an interception. But, the request to do so must be in writing, showing compelling evidence and reason or reasons for said interception. Moreover, the request cannot be open-ended; time specification is optimal. This T&T scenario makes it impossible for compromises. If the NISA legislation should incorporate this stipulation from the T&T 2010 Act, it would offer more protection to the citizens of Guyana. For example, the minister of home affairs or the president or vice president cannot call the director of NISA and request an interception of anyone’s communication. That would be a NO SHOW.

Mr. Lall also mentioned that the Guyana Defense Force has an “intelligence gathering unit.” NISA would also have an “intelligence” function. But allow me to clarify and distinguish, as a pedagogical exercise, the difference between information from intelligence. Intelligence is not gathered or collected. Information is collected, and information is information and nothing more. Information, by whatever means or platforms it is collected or gathered, remains information. Information, whether secretly or openly collected, remains information; it is not Intelligence. Intelligence is created by an Intelligence Analyst. Without delving into the trade craft, let me offer a concise and yet profound definition of what is Intelligence. Intelligence is judgment or insight. For the analyst to offer a judgment or provide insight about or into a particular issue for a policy maker, reliable and verifiable “information” is indispensable. Mr. Lall would be accurate to say that the GDF has an “intelligence unit,” one that collects information for operational use. The GDF does not spy on citizens. Its primary roles are defense and protection of the State from foreign enemies.

The apprehension that is swirling around about this “national spy agency” should be laid to rest. The NISA legislation was not swiped off a dusty shelf. It was a laborious piece of thoughtful and researched effort by a handful of knowledgeable and dedicated employees of NISA, working under the leadership of a brilliant mind. All Guyana should be proud of these patriots.

Respectfully,

Prof. Daniel Gibran

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