Earlier, information was spread on social networks according to which NSS employees are trying to force internet providers to purchase and install surveillance devices among the provider’s devices, so that they freely know what content the internet subscribers, RA residents’ internet traffic has: clearly see and monitor, surveil so to speak.
Internet traffic refers to the volume of data that is exchanged through the internet network. It can include downloaded and uploaded data, such as website loading, file downloads, video streams, voice calls and other online activities.
To verify the authenticity of the information and receive clarification, Iravaban.net submitted an inquiry to the National Security Service.
In its response letter, the NSS referred to Article 33 of the Constitution, which states that freedom and confidentiality of communication may be restricted only by law for the purposes of state security, country’s economic well-being, prevention or detection of crimes, protection of public order, health and morality or fundamental rights and freedoms of others.
Article 242, Part 2 of the Criminal Procedure Code was also quoted, as well as Article 34, Part 1 of the “Law on Operational Intelligence Activities”. According to these, digital, including telephone communication surveillance secret investigative action and the namesake operational intelligence measure is carried out respectively by investigator’s instruction with court decision or by motion of operational intelligence body with court permission.
It is noted that according to Article 232 of the Criminal Procedure Code, data related to internet communication and not revealing their content are also obtained exclusively by court decision.
“According to Article 26, Part 3 of the “Law on Operational Intelligence Activities”, when implementing digital, including telephone communication surveillance operational intelligence measure, telecommunication organizations are obliged to provide technical systems at the request of competent authorities and create other necessary conditions for implementing operational intelligence measures,” – was stated in response to our inquiry.
The NSS response does not confirm the fact of installing surveillance devices, but it also does not deny the circulated information. Nevertheless, state control should not be unlimited: it should be implemented within the framework of law with transparent mechanisms and judicial oversight. It is necessary to ensure that collected data is not used for abuse or restriction of citizens’ freedoms.
Citizens and civil society organizations should be able to monitor how the state applies control mechanisms. Independent supervisory bodies are needed to oversee the actions of state structures.
It is necessary to create clear legislative frameworks that will allow effectively fighting against threats while protecting citizens’ fundamental rights.
Mariam Antonyan
