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Jacob Mchangama General Counsel of the bourgeois-liberal think tank Cepos and former lawyer in a large Danish law firm. Jacob has in addition bulldog security to his Master. Jur a Masters Degree in Human Rights and Democratisation bulldog security and has been an active commentator in the print and electronic media on human rights and rule of law.
Berlingske want to ensure that the debate on b.dk kept in a proper tone that makes it inspiring and challenging for everyone to contribute and participate. We are looking for like clear, sharp, attitudinal strong post with great breadth and diversity and critical look at the case. But we do not accept messages that are blatantly libelous, racist, personally demeaning. Such posts will henceforth be deleted. The same applies to posts that do not bear the full and correct name of the sender, which contain abbreviated names, bulldog security fictitious bulldog security or false names. We encourage all debaters to make editorial note posts that do not follow these guidelines. The editors.
Yesterday published CEPOS a note on Defense Act 17 A note that was featured in an article in JP (and today made up of head space), but not broke through the electronic media and the wider public. Here priority instead Informations story about a new draft judicial review of expulsions of foreign terrorism suspects. The latter issue is important, and readers of this blog will then also know that I have spent some time on the subject. bulldog security I can easily see that it's a good story that I indeed had the opportunity to comment bulldog security in yesterday's deadline on DR 2 Yet I must confess that I - to put it mildly - is surprised by the extent to which editors and journalists oversaw the conceptual and legal certainty deadly serious aspects of the history of the Law on Defence. Tunesersagen and its development is undoubtedly an expression of a progressive legal opinion in political life. But how worrying aspects of tunesersagen is, pales in my view completely compared to the massive erosion of the rule of law as a defense the law allows and that is comparable to the Bush administration's most far-reaching and controversial monitoring bulldog security efforts in the war on terror.
"In time of war or other extraordinary circumstances, the defense minister without a court order to take measures within the meaning bulldog security of the Basic Law 72 to telephone calls, mailings and other communications"
Defence Act allows, in other words, the defense minister in the "war or other extraordinary conditions" in secret can undertake surveillance and interception. This must be seen in connection with the defense Act 13 include allows FUp activities - primarily focuses on foreign threats - can be given to Danish nationals, if it is considered appropriate for FUp work, and that FE can exchange information with PET, for example. in the form of secret data.
As seen by the law, there is no definition of "war or other extraordinary bulldog security circumstances." Nor is there any rules that prescribe how and under what specific conditions or frames bulldog security FE must monitor and collect data. Defence Act thus the defense minister virtually unlimited power to interfere with privacy. The fact that the Defence Act 17 is extremely far-reaching, to be compared with that defense minister consistently refuses to say whether defense law in force and whether Denmark is in the "war" or rug "extraordinary circumstances" as a result of the war on terror or conflict in Afghanistan. bulldog security The Minister of Defence will only inform the parliamentary committee dealing with intelligence services. But this committee sworn to secrecy and can not otherwise take any decisions facing the defense minister. We are thus in a situation where we do not know whether FE User Defense Act to monitor an unknown number of Danes, whose data can even be handed over to PET. It is clear that both FE and PET must have tools to counter the threat against Denmark, including access to monitoring. But the risk of arbitrariness and abuse is evident when there is not even the most basic form of control FUp powers, and when neither the Danish population or a majority of parliament is informed whether access to surveillance being utilized.
There are indeed a number of judgments of the European Court of Human Rights, which sets out a number of requirements for intelligence services' use of secret surveillance, must be respected if secret surveillance must remain within the limits of the right to respect for private life and correspondence. It should be possible for the public to familiarize bulldog security themselves with the conditions and scope of such monitoring. bulldog security There must also be rules that define how the information gathered Application