Some constitutional questions in the context of secret information gathering subject to external permission by the national security services

Abstract

A sense of security is a basic need of individuals and society, and one of the most important functions of the state. Among the state organs, the national security services are responsible for detecting and preventing elements that threaten the security of society. However, the national security services can only fulfil these tasks if they disclose as little as possible of their activities to the public. Closely related to this is the secret information gathering subject to external permission and which carries risks of intrusion into the private sphere. Of course, these agencies cannot operate without adequate constitutional control, which is clearly difficult given the nature of their operations. In my study, I examine one possible instrument of constitutional control over the Hungarian national security services. Among these, I will analyze the external authorization procedure for the secret information gathering regulated by the Hungarian National Security Act and the legal remedies associated with this procedure.