Juridical Regulation of Electronic Intelligence in Foreign Countries
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Abstract
Among various measures used by public special services the electronic intelligence is a very specific method for obtaining information. On the one hand, this is a valuable and even essential measure in fighting against crimes and on the other hand, however, being not that evident this is one of the measures limiting human rights.
The article covers legal regulation of electronic intelligence in foreign countries and provides the historic development of the regulation. The article overlooks legal acts on electronic intelligence of 10 foreign countries, including wire–tapping. The issues analyzed in the article are directly related with the limiting of human rights, therefore, in these cases relevant legal regulation is very important in order to protect constitutional rights of an individual. The article summarizes the international experience and provides conclusions related with the improvement of the appropriate legal acts.
The generalization of the legal regulation of electronic intelligence of foreign countries reflects general requirements such as:
- only legislation may provide for the cases of limiting human rights;
- legal acts must provide for the list of crimes the investigation of which may require the use of electronic intelligence;
- the use of electronic intelligence is allowed only in those cases when other legal instruments regulate justified use of this method;
- sanctioning of wire–tapping is allowed only on the basis of a written motivated application of an officer provided for in the laws;
- the permission to use wire–tapping may be issued by an institution or an officer who do not belong to the executive power;
- established duration of wire–tapping is;
- measures of the prevention of publicizing the obtained information are laid down;
- established procedure for destroying the information that is not related with the purposes of wire–tapping.
The generalization of the foreign state practices of limiting human rights results in the following conclusions:
1. The level of limiting human rights is directly related with the conditions of necessary need.
2. An individual who ignores and/or violates legal acts may not expect that his/her rights will not be limited.
3. There is an established procedure providing for that the collection of information about an individual’s private life is the collection of the information that is needed for the investigation of criminal act and legitimate solving of the case and that the obtaining of such an information by other ways or measures is complicated or impossible.
The article covers legal regulation of electronic intelligence in foreign countries and provides the historic development of the regulation. The article overlooks legal acts on electronic intelligence of 10 foreign countries, including wire–tapping. The issues analyzed in the article are directly related with the limiting of human rights, therefore, in these cases relevant legal regulation is very important in order to protect constitutional rights of an individual. The article summarizes the international experience and provides conclusions related with the improvement of the appropriate legal acts.
The generalization of the legal regulation of electronic intelligence of foreign countries reflects general requirements such as:
- only legislation may provide for the cases of limiting human rights;
- legal acts must provide for the list of crimes the investigation of which may require the use of electronic intelligence;
- the use of electronic intelligence is allowed only in those cases when other legal instruments regulate justified use of this method;
- sanctioning of wire–tapping is allowed only on the basis of a written motivated application of an officer provided for in the laws;
- the permission to use wire–tapping may be issued by an institution or an officer who do not belong to the executive power;
- established duration of wire–tapping is;
- measures of the prevention of publicizing the obtained information are laid down;
- established procedure for destroying the information that is not related with the purposes of wire–tapping.
The generalization of the foreign state practices of limiting human rights results in the following conclusions:
1. The level of limiting human rights is directly related with the conditions of necessary need.
2. An individual who ignores and/or violates legal acts may not expect that his/her rights will not be limited.
3. There is an established procedure providing for that the collection of information about an individual’s private life is the collection of the information that is needed for the investigation of criminal act and legitimate solving of the case and that the obtaining of such an information by other ways or measures is complicated or impossible.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
