The draft law on cybercrime significantly strengthens the State’s operational capabilities in the digital space. At the center of this mechanism, the Digital Protection and Investigation Unit (Upin) is granted extensive investigative powers, including permanent access to user data.
Upin is one of the key innovations in the new cybercrime bill, which is set to be submitted to a vote by deputies tomorrow. As a public establishment with legal personality and financial autonomy, Upin is tasked with the prevention, detection, technical investigation, and operational coordination of cybercrime, as well as providing support to judicial authorities.
This digital police force is granted broad prerogatives. Under the supervision of a competent judicial authority, Upin can request electronic communication operators and digital service providers to disclose data as required by law. This aligns with a separate bill on electronic communications and digital infrastructure, which introduces the concept of ‘digital sovereignty’—defined as the State’s power to regulate, monitor, and protect digital infrastructure and data within its jurisdiction.
Article 75 of the cybercrime bill stipulates that Upin will have direct, permanent, and 24/7 technical access to the information systems of operators, ISPs, and other data-holding organizations. This includes identification, subscription, traffic, and potentially content data. Entities failing to comply face fines ranging from 100 million to 500 million Ariary, alongside potential criminal or administrative sanctions.
To balance these powers, the bill includes control mechanisms. Every consultation must be recorded in a secure, unalterable log, and any access to traffic or content data must be reported to a prosecutor or investigating judge within 24 hours. Furthermore, Upin has the authority to order the emergency removal or blocking of manifestly illicit content.
The bill aims to address evolving digital threats, including child sexual exploitation, online fraud, identity theft, information manipulation, and the criminal use of artificial intelligence. While the initiative seeks to equip Madagascar to combat modern cybercrime, it also sparks a critical debate regarding the balance between national security and the preservation of individual liberties and personal data privacy.
Captured & Published at: 2026-09-03 06:08:34 (Madagascar Local Time EAT)
Original Source: https://www.lexpress.mg/2026/09/loi-sur-la-cybercriminalite-une-police.html