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

Summary/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.

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