The Ombudsman's Position on the New Rule Proposed on National Security Control

The Commissioner for Fundamental Rights provided his opinion ex-officio on the new rule of the draft bill on national security control. According to Máté Szabó, the private sphere of the individual should be respected during the security screening; moreover, the requirements of necessity and proportionality founded in the Basic Law should be also applied.

The representatives of the ruling party submitted a bill regarding the amendment of the provisions on national security control in the National Security Services Act. The amendment would make possible the national security checks to be done not only prior to the occurrence of the legal relationship, but continuously after it as well. Pursuant to the proposal, there would be no need for new cause or suspicion for the repetition of the screening. However, according to the Ombudsman, the mere fact that the person concerned has already undergone a national surveillance cannot be a sufficient reason for the use of intelligence tools for relatively long-term.

A government decree would define the list of legal relations which requires screening. The proposal does not impose objective criteria towards the government decree, therefore the scope of those who fell under national security screening could be raised disproportionately. The Ombudsman - also referring to international forums- deemed it necessary to have the opportunity for the persons concerned to turn to the court or other legal bodies, if they consider that their rights were ignored or violated without any reason during the national security control.

The Ombudsman turned to the competent committee of the Hungarian Parliament for taking his observations and comments into account during the legislative process.

28/03/2013