The proposed changes of Slovenian Intelligence Agency Act (ZSOVA) raised questions about its unconstitutionality. The government would like to exclude the current 6-month limitation for use of special operative methods, e.g. mail monitoring, recording of telephone conversations etc. The Government invoked cooperation with EU and NATO in the fight against terrorism as the reason for the proposed changes.

There are two main changes being proposed. According to the first one, the competence to ordain measures that invade individual's information privacy would be transferred from the president of Ljubljana Circuit Court to the president of the Slovenian Supreme Court. Legal experts find this solution better, but still not optimal, as the decision-making is still in the hands of one single person. A panel of 3 Supreme Court judges would be a better option.

The second and most important change is the exclusion of the current 6-month limitation for the concentrated and continuous monitoring of telecommunications. If the proposed changes pass through the Parliament, the Slovenian Intelligence agency (SOVA) will theoretically be able to perform surveillance over individual's communications for months, years or even decades.

Under the current legislation, SOVA may monitor written correspondence and record telephone conversations (of individuals that may pose a threat for national security) for the maximum period of 3 months. Exceptionally, the duration of surveillance may be extended for a month each time, but the total duration must not exceed 6 months. According to the proposed changes to the Slovenian Intelligence Agency Act, the President of Slovenian Supreme Court would be authorised to extend the duration of measures for another 3 months each time, without any limitation of total duration.

According to Goran Klemencic from the Faculty of Criminal Justice and Security, the proposed change violates article 37 of the Slovenian Constitution, which says that encroachment upon individual's right to privacy of correspondence and other means of communication may "be suspended for a period of time where it is so necessary for criminal proceedings or national security." Besides, Klemencic says that such a solution would also be disproportionate (regardless of court warrant), as "it cannot be admissible that law enables unlimited concentrated surveillance of an individual".

This act broadens the power of the Slovenian Military Intelligence Agency, as well.

The government wants the Parliament to discuss and pass the proposed changes using the quick procedure option, where the possibilities for extending discussions and filing amendments are vastly reduced.

Longer time of secret surveillance? (only in Slovenian, 14.03.2006)
http://www.privacyblog.net/index.php?p=151

Changes to Slovenian Intelligence Agency Act - Will SOVA be able to perform continuous eavesdropping (only in Slovenian, 16.03.2006)
http://www.slo-tech.com/script/forum/izpisitemo.php?threadID=211601#ne...

Contestable Slovenian Intelligence Agency Act (only in Slovenian, 14.03.2006)
http://24ur.com/bin/article.php?article_id=3070870

(Contribution by Aljaz Marn, EDRI observer, privacyblog.net, Slovenia)