The Security and Intelligence Service informs the public about several normative acts, registered in the Parliament, which aim to improve the existing legal provisions and adjust them to the standards of special services from the countries with consolidated democracy. In particular, it refers to: Law on the Security and Intelligence Service of the Republic of Moldova; Law on intelligence and counterintelligence activity; Law amending the Law no. 170/2007 on the status of the intelligence and security officer.
The draft laws have been placed on the Parliament’s official website for public consultation and debate. They were also submitted to the Venice Commission for examination and legal opinion.
The main reasons that determined the institution to review the legislation in this field are: the radical change in the security environment both at the national and regional level, the outdated normative framework that no longer responds to the unprecedented threats to the country, and the need of the SIS modernization.
The proposed amendments provide for the detailing of the SIS duties for a better delimitation of the activities that belong to the competence of the institution from those of other state bodies. Also, the amendments help the institution to become more efficient and accomplish its missions in optimal conditions.
It should be noted that the draft law on intelligence and counterintelligence activity is an innovative one and aims to adjust the SIS to the dynamics of risks and threats to national security.
Currently, there is no separate legal act that regulates intelligence and counterintelligence activity, which would be focused on risk prevention.
Moreover, additional mechanisms to control the SIS activity will be created and will provide complementary guarantees that fundamental rights and freedoms are respected during the intelligence and counterintelligence activity. One of them is the obligation to inform the person subjected previously to counterintelligence measures.
The normative act provides for the establishment of the judicial mandate, which is a court authorization allowing to carry out counterintelligence measures. Thus, the judicial control over the SIS activity will be ensured.
The draft laws are aimed at adjusting the legislation in the field to the European Community acquis and offering new tools to reduce the probability of materializing risks to national security. Moreover, they will strengthen and intensify the control of the state and society over the SIS activity and will exclude the possibilities of abuse.
The Security and Intelligence Service invites the society to analyze the draft laws mentioned above. Any proposals to improve the legal acts can be sent, by December 12, both to the SIS and the Parliament of the Republic of Moldova, at the following emails: sis@sis.md and csn@parlament.md