Blurring the Line between Law Enforcement and Intelligence: Sharpening the Gaze of Surveillance?

Abstract

To an ever-increasing extent, law enforcement agencies work with and rely on information obtained and passed to them by intelligence services. However, in comparison to the police, intelligent services face much less regulation or supervision. Contrasting levels of regulation and supervision pose a problem where the institutional and functional borders between intelligence and police agencies are increasingly blurred. For example: new ‘hybrid’ police-intelligence institutions have sprung up; information is freely exchanged between police and intelligence organisations; and information gathered by intelligence agencies is used in criminal proceedings. But an impulsive blurring of organisational boundaries is not a solution to growing fears of terrorism and serious cross-border crime. Secret or sensitive information should be used in a way that balances the need for intelligence gathering with the right of the defence to examine incriminating evidence.

Keywords

• Law enforcement
• intelligence
• boundaries
• criminal procedure
• European Court of Human Rights
• surveillance