The Legal Regulation of Special Means by the Intelligence Agency of the Slovak Republic within the Case Law of the European Court of Human Rights

Abstract

The article is focused on the use of special rights or means by the intelligence agency of the Slovak Republic. The use of these statutory means in a democratic society is in the public interest, especially in the context of current security challenges (e.g., international organised crime, terrorism, etc.). At the same time, however, the use of special means by the intelligence agency represents a significant interference with guaranteed fundamental human rights and freedoms, in particular, the right to privacy. In the article, the author provides an overview of the current legal regulation on the use of special means by the intelligence services of the Slovak Republic, which he assesses from the point of view of compliance with the case law of the European Court of Human Rights. After a critical evaluation, the author states that the legal regulation is likely to require an amendment in the short term to ensure compliance with Art. 8 of the Convention: the right to respect for private and family life. Then, in the case of a complaint by a Slovak citizen regarding interference with the right to privacy using special means by the intelligence agencies of the Slovak Republic, it can be said that there was a violation of this right.

Keywords

• intelligence agency
• intelligence activity
• intelligence
• special means