Analytica commenting on the draft Law amending the law on communication interceptions at the Parliament

Andreja Bogdanovski today at the open parliamentary session of the National Council for EU Integration commented and suggested recommendations on the draft version of the Law amending the law on communication interceptions.

Andreja Bogdanovski today at the open parliamentary session of the National Council for EU Integration commented and suggested recommendations on the draft version of the Law amending the law on communication interceptions.

Most of the recommendations provided today have to do with strengthening of the parliamentary control and oversight over the use of special investigative measures.

The novelties that this version of the law brings to the current legislative solution are that the two additional state institutions which will have the possibility to intercept communications: Customs and the Financial Police.

Additionally, instead of the highest ranking politically elected officials, such as the Minister of Interior, having direct role in authorization of the request for use of this special investigative measure, the amendment of the law envisages that function to be given to a high ranking professionals at the Ministry of Interior (MiO), Ministry of Defense (MoD), Customs and the Financial Police.

Most of the changes come from the 2011 recommendations of the EU Progress Report on Macedonia as well as the need for harmonization of this law with the new Code of Criminal Procedure. Additionally the Progress Report states that “…the existing parliamentary oversight over the use of interception orders needs to be strengthened”. However the draft version discussed today did not stipulate any changes in this area.

 This is where Analytica provided four recommendations in order to strengthen the current mandate of the parliamentary committee for the supervision of the application of the communication interception techniques by the MoI and MoD (hereinafter Committee).

1. Upon the request of the Committee or member of the Committee the MoI, MoD, Finance police and the Customs should provide to the Committee/its member reports /data/information related to the use of communication interception techniques.

2. Upon the request of the Committee the MoI, MoD, Finance police and the Customs should allow the Committee members to conduct field visits to the premises of these four institutions.

3. The higher ranking employees of the Moi, Mod, Finance police and the Customs (charged with the authorization to submit request for use of communication interception) should upon the request of the Committee attend a committee meeting.

Additionally the draft law should incorporate a provision stating that the MoI, MoD, Finance Police and the Customs are not allowed to give away information which is part of an ongoing operation.

Andreja Bogdanovski also urged the National Council on EU Integration/ the Parliament as well as the state institutions to organize public debates on the draft Law amending the law on Intelligence Agency, the Law amending the law on the Ministry of Interior as well as the Law amending the law on the law on Finance Police which are planned for 2012.

He also reflected on the comment that the adoption of this law would not have any additional financial implications to the budget of the Republic of Macedonia, which conflicts with the idea of adding two additional institutions legally charged to conduct communication interception.