• Several draft national security laws registered in Parliament. Intelligence and Security Service: “The draft on counter-intelligence and external intelligence activity is innovative”

    Several draft national security laws registered in Parliament. Intelligence and Security Service: “The draft on counter-intelligence and external intelligence activity is innovative”
    by
    27 November 2022 | 16:48

    The Intelligence and Security Service (SIS) announces the registration in Parliament of draft normative acts “aimed at improving existing legal provisions and adjusting them to the standards of special services in countries with consolidated democracy”.

    They are the Law on the Intelligence and Security Service of the Republic of Moldova; the Law on counter-intelligence and foreign intelligence activity and the Law on the modification of the Law No 170/2007 on the status of intelligence and security officers.

    “The main reasons for the need to revise the legislation in this area are the radical changes in the security environment at both national and regional levels, the current outdated regulatory framework that no longer responds to the unprecedented threats to which the state is subject, and the need to modernise the Service,” a statement from the institution said.

    The proposed amendments provide for a more detailed definition of the tasks of the SIS in order to better distinguish the activities falling within the institution’s remit from those of other state bodies, as well as to make the Service’s missions more effective and efficient.

    SIS representatives stress that the draft law on counter-intelligence and external intelligence activity is “innovative” and aims to adjust the Service’s activity to the dynamics of risks and threats with an impact on national security.

    “There is currently no separate legislative act regulating the conduct of counter-intelligence and external intelligence activity, with the aim of preventing risks to the country’s security,” the statement added.

    At the same time, according to the SIS, additional control mechanisms will be created over the institution’s work “which will provide additional guarantees” for the respect of fundamental human rights and freedoms in the conduct of intelligence and counter-intelligence work. These include the obligation to inform the person against whom counter-intelligence measures were previously carried out.

    The Act provides for the establishment of a court warrant, which is the court’s authorisation to carry out counter-intelligence measures. This will ensure judicial control of SIS activity.

    “The draft legislation is aimed at adjusting the relevant legislation to the European acquis communautaire and providing new tools to reduce the likelihood of risks to national security. Moreover, they will allow strengthening and intensifying the control of the State and society over the Service’s activity and excluding the possibility of abuse,” the SIS adds.

    The draft laws have been placed on the official website of the legislature for public consultation and debate. They have also been sent to the Venice Commission for evaluation and opinion.

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