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"speaker_name": "Sen. Orengo",
"speaker_title": "The Senate Minority Leader",
"speaker": {
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"legal_name": "Aggrey James Orengo",
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"content": "That is a very dangerous provision. Who determines that there are exceptional circumstances? Even when the courts try to define the “exceptional circumstances”, by the time the issue arises, a lot of danger could be caused to the person. I am afraid that “Exceptional circumstances” is not good enough. In fact, the procedure in the Criminal Procedure Code is far much better than that clause, because that provision says that you must go before a magistrate and offer evidence to prove that there is a basis for conducting a search and seizure. I plead with her, knowing how investigating agencies apply the law, that this can easily be abused. There are provisions in comparative jurisdictions like South Africa, India, UK, and USA. I am saying this because we have the Right to Privacy under the Constitution. That right is fundamental in common law countries; that when you want to interfere with one’s privacy, there must be sufficient grounds. The way our Constitution is now framed, you must justify when you want to interfere with the fundamental rights and freedoms of a person."
}