The public opinion and the massive data surveillance. A difficult balance between access to information and national security

Abstract

ABSTRACT:

Transparency and access to information turn society into an active participant in the accountability process of public authorities. But that freedom of information has limits, as it is the secret that necessarily the safeguarding of national security imposes many times. The secret ⎯and therefore, the exception to the general rule of publicity⎯ is designed to prevent certain intelligence activities were known and to ensure their success. Between others, these activities consist in processing data of citizens to give enough information to the State to adopt strategic decisions. This essay focuses on the difficult coexistence between the right of access to information and the state secret in a moment when it has come to light the existence of a massive surveillance of citizens’ data by national and foreigner intelligence services. The main object of analysis is such control/surveillance of communications and personal data carried out with a general, preventive and/or prospective aim. This type of surveillance differs from the more common controls of communications pointed to provide evidences under criminal proceedings.