FAQ
The Security and Intelligence Agency (SOA) deals with the systematic collection, analysis, and processing of data that are significant for national security and necessary for making decisions important for achieving national interests in the area of national security.
SOA seeks to detect and prevent actions aimed against the independence and sovereignty of the Republic of Croatia, the violent overthrow of the state authority structure, actions against human rights and fundamental freedoms established by the Constitution and laws, and against the foundations of the economic system of the Republic of Croatia.
SOA collects, analyzes, processes, and evaluates data of a political, economic, security, and military nature abroad, relating to foreign states, international governmental and non-governmental organizations, political, military, and economic alliances, groups, and individuals, which indicate intentions, possibilities, concealed plans, and secret actions aimed at jeopardizing national security.
In accordance with the Security and Intelligence System Act, SOA, after processing and analyzing data and assessing the security situation, reports on it to the President of the Republic, the Speaker of the Croatian Parliament, the Prime Minister, and the Office of the National Security Council.
Some data is also provided to other security and intelligence services, the Ministry of the Interior, the Ministry of Finance, etc., depending on the content and relevance.
SOA is obligated to report data that indicates the preparation or commission of a criminal offense prosecuted ex officio to the State Attorney's Office.
The Security and Intelligence Agency (SOA) is a civilian agency, while the Military Security and Intelligence Agency (VSOA) is a structural unit of the Ministry of Defense responsible for planning and providing support to the Ministry of Defense and the Armed Forces of the Republic of Croatia in carrying out tasks related to the defense of the survival, sovereignty, independence, and territorial integrity of the Republic of Croatia. In performing intelligence tasks, VSOA collects, analyzes, processes, and evaluates data on the military forces and defense systems of other countries, external pressures that may affect defense security, and activities abroad aimed at jeopardizing the country's defense security.
VSOA collects, analyzes, processes, and evaluates data within the Republic of Croatia regarding the intentions, capabilities, and plans of individuals, groups, and organizations within the country whose goal is to undermine the country's defense capability, and takes measures to detect, monitor, and counter such activities.
"Wiretapping," or the secret surveillance of telecommunications services, activities, and traffic—as referred to in the Act on the Security and Intelligence System—represents a special method of data collection employed by nearly all security and intelligence agencies and police forces around the world. Since it intrudes on constitutional human rights and fundamental freedoms, this procedure is typically classified as an extraordinary method of data collection which, depending on the legal framework of each country, may have greater or lesser limitations regarding its application. The situation is similar in Croatia, where the Act on the Security and Intelligence System, as well as the Criminal Procedure Act, stipulates that this method of data collection can only be applied if the data "cannot be collected in any other way or if their collection is associated with disproportionate difficulties."
It should be emphasized that SOA collects most of the data in its area of work through "regular" means—that is, through daily contact with citizens, use of public sources, including access to registers and data collections of government bodies, the judiciary, and legal entities.
According to the Act on the Security and Intelligence System, the following covert data collection measures are applied: secret surveillance of telecommunications services, activities, and traffic; secret surveillance of postal and other shipments; secret surveillance and technical recording of the interior of facilities, enclosed spaces, and objects; covert tracking and observation with video recording of persons in open areas and public places; covert tracking and observation with audio recording of the content of communications in open areas and public places; and covert acquisition of documents and objects. If there is a choice between multiple covert data collection measures, the one that least infringes on constitutionally protected rights and freedoms will always be applied.
Unlike the Criminal Procedure Act, where the implementation of a measure is determined by an investigative judge at the request of the police, the Act on the Security and Intelligence System elevates the authority level and stipulates that certain measures may only be undertaken based on a written, reasoned order issued by a judge of the Supreme Court of the Republic of Croatia.
The oversight of the Security and Intelligence Agency (SOA) is conducted by the Croatian Parliament directly and through the Committee on Internal Policy and National Security, as well as through the Council for Civilian Oversight of Security and Intelligence Agencies.
The oversight of SOA's operations is also carried out by the Office of the National Security Council.
In exercising oversight, the Croatian Parliament may request:
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A report from the Security and Intelligence Agency on the actions and measures being carried out by the Agency.
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Reports from the President of the Supreme Court of the Republic of Croatia on the measures of secret data collection taken or on the secret data collection measures taken against certain individuals.
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A report from security and intelligence agencies on the implementation of secret data collection measures or on the secret data collection measures taken against certain individuals.
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A report on whether the security and intelligence agencies are collecting data concerning members of the parliament or persons who are members of their household.
To ensure civilian oversight of the security services, the Council for Civilian Oversight of Security and Intelligence Agencies was established. This council monitors the legality of the security services' operations, oversees and supervises the implementation of secret data collection measures that limit constitutional human rights and fundamental freedoms. The collected information and data are provided in the form of a report to the National Security Council, the Speaker of the Croatian Parliament, the Chair of the Committee on Internal Policy and National Security, and the heads of the security and intelligence services.
SOA also monitors and controls the legality of actions taken by its organizational units and employees through internal oversight.
If citizens believe that SOA has violated the law in relation to them or another person through its actions, they can, in accordance with their constitutional rights, file a complaint with the bodies mentioned above or directly with SOA, after which they will receive an appropriate response.
The Constitution of the Republic of Croatia guarantees the rights of free association, freedom of thought, and freedom of expression, especially freedom of the press and other means of communication. Therefore, no one can become the subject of interest for SOA or other security and intelligence services simply because they are a member of a political party, an association, or are engaged in journalistic activities.
Each authorized person of SOA has an official ID card, which is used for identification when carrying out daily tasks, and must be shown upon request to citizens they come into contact with. The ID card prominently displays the inscription "official ID card," the card number, a photograph, as well as the name and surname of the holder.