SOA performs functions and tasks from its scope of work as stipulated in the Constitution of the Republic of Croatia and the Security and Intelligence System Act, but also based on other laws and bylaws that are relevant for our roles and functions. We are entrusted by the law with special authorities which enable us to collect information in several ways:
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Through communication and contacts with citizens,
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By requesting official data from state and local authorities and legal persons,
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By using covert measures and procedures,
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From open sources (electronic and printed media) and
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Through the exchange of information with partner security-intelligence services.
When gathering information from citizens, SOA officers are obliged to identify themselves by presenting an official identity card or badge. A citizen may be interviewed within the official SOA premises only with their consent. If the citizen does not consent to an interview by a SOA officer, but he or she has information significant to national security, SOA can ask the police to conduct an interview with the citizen. A SOA officer also participates in such an informative interview, conducted on police premises.
Heads and employees of state bodies and bodies of the local (regional) self-government are obliged to respond to the requests of SOA officers with regard to the data available to them.
SOA may gather information by using covert associates, i.e. persons who voluntarily operate according to SOA instructions. Furthermore, SOA gathers information by applying covert measures which include using technical means (telecommunications interception, listening devices etc.).
SOA may also implement measures of concealment: to conceal the ownership of objects or legal entities, to conceal the identity of its employees and other persons and to conceal the purpose of information gathering, and, when necessary, may use the services of legal entities and persons, and reward them for their services.
Covert information collection
When collecting information, the gradual principle is applied. This means that, if SOA exhausts regular methods of information collection while dealing with a serious security threat, or the collection is linked with disproportionate difficulties, the measure of covert information collection shall be applied. Also, in cases where choice between several different measures of covert information gathering is possible, the one less invasive to constitutionally protected rights and freedoms shall be applied.
Measures of covert information collection are the following:
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Control of postal shipments,
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Covert surveillance and technical recording of the interior of facilities, closed spaces and objects,
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Covert surveillance and monitoring with recording of images and photos of persons in the open and in public spaces,
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Covert surveillance and monitoring, with audio recording of the content of communication between persons in the open and in public spaces,
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Covert purchase of documents and objects.
Application of measures of covert information collection that restrict constitutionally protected rights and freedoms is authorized by the Supreme Court or the SOA Director, depending on the type of measure.
The Supreme Court authorizes the application of the following measures:
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Covert surveillance of the communication content (wiretapping),
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Control of postal shipments,
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Covert surveillance and photographing of the interior of facilities, closed spaces and objects,
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Covert surveillance and monitoring, with audio recording of the content of communication between persons in the open and public spaces.
The SOA Director authorizes the application of the following measures:
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Covert surveillance of telecommunication traffic data (list of calls),
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Covert surveillance of the location of the user,
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Covert surveillance of international telecommunications,
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Covert surveillance and monitoring with recording of images and photos of persons in the open and in public spaces,
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Covert purchase of documents and objects.
The measures of covert information gathering may last up to four months. In cases where the extension of the measure or the application of new measures against the same person is necessary, the decision on the approval of the warrant is made by a council composed of three authorized judges of the Supreme Court. Covert measures of information collection represent an important, but not the only source of information for SOA. Citizens are another important source, as they can provide us with valuable information on threats to national security. In addition, we may collect a lot of information from open sources. The technological development and the widespread use of Internet offer huge quantities of publicly available data and its sources.