Stages of intelligence service oversight
previously established by the oversight body regarding
the compatibility of the methods used (access, filtering
and selection algorithms) to ensure the activity under
the warrant will be compatible with privacy rights
(Article 8 of the ECHR). In that way the overseer must,
in the words of a UN Special Rapporteur, conduct the
review such that “it is possible to make an objective
assessment of the necessity and proportionality of
the contemplated surveillance, weighing the degree
of the proposed intrusion against its anticipated value
to a particular investigation.”379
Authorisation and approval of targeted
surveillance
A detailed comparison of authorisation and approval
processes for targeted measures is difficult, as they may
Table 4:
Binding authorisation/approval of targeted surveillance measures in the EU-28
Judicial
AT
BE
BG
CY
CZ
DE
DK
EE
EL
ES
FI
FR
HR
HU
IE
IT
LT
LU
LV
MT
NL*
PL
PT
RO
SE
SI
SK
UK**
Note:
vary within Member States depending on the different
types of surveillance measures involved, whether
they relate to content or metadata, and whether they
have a domestic or foreign focus. Table 4 shows the
different bodies that have a binding/final decision in the
authorisation or approval processes of different types of
targeted surveillance measures relating to content data.
The information provided for one Member State covers
all potential actors with a binding decision-making
power in allowing targeted surveillance measures.
Six Member States have two or more approval bodies. In
some cases (e.g. in the United Kingdom), one body is in
charge of authorising and the other one of approving the
measures. In others (e.g. in Hungary), the involvement
of different bodies depends on the type of techniques
used by the intelligence services.
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
Executive
Expert bodies
✓
✓
✓
Services
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
* Situation reflecting the requirements of the Intelligence and Security Services Act 2017, which will be applicable when
the relevant sections enter into force.
** Situation reflecting the requirements of the Investigatory Powers Act, which will be applicable when the relevant
sections enter into force.
Source:
FRA, 2017
379 UN, Human Rights Council (2014), Report of the Special
Rapporteur Ben Emmerson, para. 7.
95