New intelligence bill in line with European regulations
by
Feb 25, 2014 - 12:00 am GMT+3
by Feb 25, 2014 12:00 am
A new bill to restructure Turkey's National Intelligence Agency (MIT) received approval from the Parliament's Internal Affairs Committee on Sunday.
The General Assembly is expected to hold a debate on proposed changes prior to a pre-election recess on Thursday. The bill seeks to equip the MIT with a legal mandate to conduct undercover missions outside Turkey's borders and allow the intelligence community to request consumer data and technical equipment from private companies as well as state institutions.
The legislation, moreover, declares the publication of leaked classified documents punishable by up to nine years in prison while stipulating that high-level appeals courts would have the authority to put the agency director to trial with executive permission.
The rulingAK Party, whose deputies sponsored the intelligence bill, maintains that proposed changes to the law will improve the MİT's capability to compete with foreign intelligence agencies by expanding its mandate and adding to the list of methods and sources available to the intelligence community. However, opposition parties remain critical of the bill, asserting that certain amendments to the existing legislation may pave the way for violations of citizens' privacy and present an impediment on press freedoms stopping the publication of intelligence documents. Critics also claim that the agency may abuse its extended powers, effectively transforming Turkey into "an intelligence state."
Proponents, however, argue that similar laws regulate national intelligence activities in a number of countries including the U.S., the U.K. and various other European nations.
For instance in the U.K., according to the Regulation of Investigatory Powers Act 2000 (RIPA) Article 14, post offices, courier companies, Internet and telecommunication service providers are obliged to cooperate with intelligence services. Furthermore, in the Netherlands, service providers are obliged to provide requested information to intelligence services in accordance with the Intelligence and Security Services Act, Article 28 implemented in 2002 by the Dutch Parliament. Moreover, the National Intelligence Center Acts for Spain and France, accepted in 2002 and 2006, respectively, contain similar articles regarding the obligations of service providers to intelligent services.
Similarly in the U.S., all financial institutions and credit bureaus are obliged to share personal customer details, including bank account records, credit reports and records, their addresses, names and work history, with the FBI in accordance with the National Security Letters Act. Furthermore in the U.S., the Right to Financial Privacy Act authorizes the FBI to request financial records from financial institutions, however, no financial institution employees or managers are allowed to disclose data requests by the FBI to anyone.
The legislation allows the agency to introduce a jail term of up to nine years for the publication of MİT's classified documents.
Similarly, based on U.S. laws (Intelligence Identities Protection Act, Protection of Certain National Security Information), those who leak undisclosed information related to secret intelligence officers, agents or informants may face up to 10 years imprisonment.
These restrictions and criminal sanctions have been discussed in the U.S. Congress, within the scope of press freedom.
However, the Congress concluded that the disclosure of confidential information has no relevance to the protection of personal freedom and does not violate the freedom of press. Furthermore there are similar regulations in European countries too. For instance in France, the disclosure of information regarding activities of secret service agents holds up to five years sentence and a fine of 75 thousand euros, as per the Department of Internal Security Act adopted in 2011. Similarly in the U.K., the disclosure of security and intelligence data may face up to two years in prison in accordance with the Official Secrets Act adopted in 1989.
Keep up to date with what’s happening in Turkey,
it’s region and the world.
You can unsubscribe at any time. By signing up you are agreeing to our Terms of Use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.