The President of the Supreme Court will approve audio, video and other forms of technical documentation during secret monitoring and surveillance measures, and in exceptional cases, the Director of the National Security Agency (ANSA) can approve the initiation of that procedure, provided for in the amendments to the Act on SNA.
In the explanation of the amendments to the Law, which was approved by the Government on Thursday, it is estimated that this act will significantly contribute to a more comprehensive and comprehensive organization of the work of the ANB, which will additionally improve the procedures for collecting, processing and using data, by implementing high standards in the protection of human rights and freedoms.
The competences of the Agency are more precisely defined, by prescribing an explicit obligation to report to the police and the state prosecutor's office information that indicates the existence of grounds for suspicion that a criminal offense is being prepared, organized or committed ex officio.
"Proceeding from the circumstances that the collection of data from citizens is carried out exclusively on the principle of voluntariness, it is possible for the Agency to ask the police to interview the citizen who did not give explicit consent, with the participation of an authorized officer of the Agency, but only if there is a probability that he has information about data important for national security," the proposed law states.
Elaborated authorizations in data collection
Significant innovations are foreseen in the chapter that regulates the secret collection of data.
"The powers of the ANB in collecting data for the purpose of establishing an optimal set of instruments (means and methods), which are also available to the intelligence and security services of the security systems of NATO member states and the European Union, are elaborated in detail," the law says.
It is stated that in the application of means and methods that encroach on the human rights and freedoms of citizens, an approval procedure from the judicial authority is provided, in accordance with the highest standards.
"The application procedure and the method of approving secret monitoring and surveillance, with the use of technical means for documentation, has been elaborated, depending on the type of technical documentation, on photo (which, as before, is approved by the director of the Agency) and audio, video and other forms ( digital and other) of technical documentation, which is approved by the President of the Supreme Court," the law says.
Exceptionally, as stated, in the case of special justification and urgency, if delaying the start of application would make it impossible to achieve the purpose for which it is proposed, the possibility is provided that the director of the Agency can only approve the start of secret monitoring and observation with the use of technical means, without a prior decision of the President of the Supreme court.
"In such a case, the director of the Agency is obliged to, immediately after the start of the application, propose the adoption of a court decision, or otherwise to suspend the application, and destroy the data and documents on which these data are recorded", the proposed law specifies.
Secret surveillance is also regulated
The new law regulates the secret surveillance of electronic communications and postal shipments, depending on the type of data that is obtained.
"It is prescribed that for all types of data, except for those about the location in electronic communications that relate to the user, the approval of the President of the Supreme Court is required, as well as that (as before) it can be approved or extended for a period of up to 24 months ".
What is new is the provision that, if the Agency does not have data on the identity of the person and cannot obtain them in any other way, the proposal (and approval) for monitoring electronic communications in order to obtain data on traffic in electronic communications and unsuccessful establishment of communications may contain other available identification or technical data.
"No coercion"
The law reformulated two of the six reasons, i.e. the basis for approving the application of secret surveillance measures (MTN).
"Amendment of point 2 of Article 14 of the Law was proposed in order to harmonize it with the Constitution and to provide the opportunity for the application of MTN in cases of suspicion that the highest constitutional values (independence, sovereignty, territorial integrity, security and legal order) are at risk." Point 4 of Article 14 has been reworded to ensure that in the event of grounds for suspicion that national security is threatened by espionage and disclosure of secret information, this will be the basis for the application of MTN," the explanation of the law states.
The proposal of the Law carefully weighed, as stated, the professional needs and requirements for the efficiency of the Agency's work in confronting modern security challenges, risks and threats, with standards in the protection of human rights and freedoms.
"Also, as before, in the work of the Agency, there is no possibility of any form of coercion in the collection of data".
Untimely adoption of the Law on Amendments to the Law on ANB, as assessed, would slow down activities on the implementation of recommendations related to the invitation to Montenegro for membership in NATO.
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