20171023-EU-fra-2017-surveillance-intelligence-services-vol-2_en.pdf

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FREEDOMS
Surveillance by intelligence services:
fundamental rights safeguards
and remedies in the EU
Volume II: field perspectives
and legal update
This report addresses matters related to the respect for private and family life (Article 7), the protection of personal
data (Article 8) and the right to an effective remedy and a fair trial (Article 47) falling under Titles II ‘Freedoms’
and VI ‘Justice’ of the Charter of Fundamental Rights of the European Union.
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Photo (cover & inside): © Shutterstock
More information on the European Union is available on the internet (http://europa.eu).
Luxembourg: Publications Office of the European Union, 2017
FRA – print:
FRA – web:
ISBN 978-92-9491-766-9
ISBN 978-92-9491-765-2
doi:10.2811/15232
doi:10.2811/792946
TK-04-17-696-EN-C
TK-04-17-696-EN-N
© European Union Agency for Fundamental Rights, 2017
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Surveillance by intelligence services:
fundamental rights safeguards
and remedies in the EU
Volume II: field perspectives
and legal update
Foreword
Intelligence services perform vital work, and the growing threats of terrorism, cyber-attacks and sophisticated criminal
networks have rendered more urgent their efforts to protect our security. Technological advancements have also
made their work more complex, and the transnational nature of today’s threats has made it ever more challenging.
But intelligence work to counter these threats, particularly large-scale surveillance, can also interfere with fundamental
rights, especially privacy and data protection. As this report underscores, effective oversight and remedies can help
minimise the risk of such interference.
The report is the second publication addressing a European Parliament request for in-depth research on the impact
of surveillance on fundamental rights. It updates FRA’s 2015 legal analysis on the topic and supplements that analysis
with field-based insights gained from extensive interviews with diverse experts in intelligence and related fields,
including its oversight.
With technological advances constantly introducing both new threats and new ways to fight those threats, legislators
have been kept busy. Many of the legislative changes enacted since 2015 have increased transparency. But legal
frameworks remain diverse and, according to some interviewees, too complex and imprecise. Moreover, while
safeguards have in some cases been strengthened, room for improvement remains – particularly in the context of
international intelligence cooperation. Similarly, remedies are available where individuals’ rights have been infringed,
but remain inherently limited.
Clarifying the applicable legal requirements, introducing solid safeguards and giving teeth to remedies would all help
ensure that intelligence work is conducted in a rights-compliant manner. This, in turn, would reinforce the credibility
of the information obtained by intelligence services – bolstering trust amongst the public, encouraging effective
cooperation, and – ultimately – strengthening national security.
We are extremely grateful to the key partners and individual experts who took the time to participate in our interviews,
providing invaluable real-life perspectives on the continuing effort to protect fundamental rights and national security.
Michael O’Flaherty
Director
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