RETHINKING LEGAL FRAMEWORKS FOR INTELLIGENCE AGENCIES: RECONCILING THE STRUCTURE AND PROCESS OF INTELLIGENCE WITHIN THE LAW

Author(s): Karen MOHAN
Publication name: Romanian Intelligence Studies Review
Publisher name: Mihai Viteazul National Intelligence Academy
Publication type: Journal article
Publication date: December 31, 2017
Pagination:
Issue/ Volume: 17-18/2017
DOI:

Abstract
Intelligence has evolved organically in response to a rapidly changing security
environment and currently involves a range of actors who partake in the intelligence
process. This evolution for the most part has not been accompanied by appropriate
legislative reform, which has created a serious gap between the law and the activities of
the intelligence sector. There is currently no single national framework governing
intelligence activities. This is due to the fact that there are a number of state and non-
state actors carrying out intelligence work, including general intelligence, the police, the
military, financial institutions, the private sector and civilians. These actors are all
subject to different regulations, leading to a potential breakdown in the intelligence
process. This blurring of boundaries has also raised serious concerns over public policy
and civil liberties. In order to address this issue, both the structure and function of
Intelligence should be taken in to account when proposing law reform, which ensures
that all actors are sufficiently covered by a common set of rules and regulations, which
will not only ensure that all actors engaged in the process are sufficiently regulated, but
will also ensure that the intelligence process is working effectively.

Keywords: Intelligence Actors, Intelligence Process, Intelligence Structure,
National Legal Frameworks, Human Rights, Effectiveness

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