The Verkhovna Rada has registered draft law No. 7267-1, which aims to strengthen counterintelligence to counter attacks on Ukraine's national security.
The draft law amends a number of existing laws to improve the procedure for conducting counterintelligence activities. The draft law significantly expands the powers of the SSU in terms of counterintelligence activities.
BUT! Some of the new powers may lead to corrupt practices by the SSU.
In particular, the draft law contains the following risks:
The SBU is empowered to capture information from any phones or computers belonging to an unlimited number of people. This proposal is very risky in terms of possible abuse of this power and the use of the information obtained for purposes other than counterintelligence.
The SSU will be able to temporarily restrict access to certain (identified) information resources (services) based on a court decision. At the same time, the procedure for applying such a measure, as well as the duration of the ‘temporary’ restriction, is not defined. Such gaps may lead to non-transparent and illegal blocking of websites.
Counterintelligence units may encourage and reward persons who participate in or assist in its implementation. However, the draft law does not define any procedure for such rewards and incentives and the amount of such rewards and incentives. This gives the SSU excessive powers in the management of public funds, which, in fact, can be allocated at its discretion.
The SSU will be able to provide both public and private enterprises with binding recommendations on threats to state security. However, the specific content and requirements of such recommendations are not specified, nor are the consequences for failure to report the results of their consideration. The SSU is empowered to determine these issues at its own discretion. This may become an additional reason for putting pressure on business.
The Institute of Legislative Ideas believes that the draft law can be adopted only after it is finalised and the identified shortcomings are eliminated.
Read more in our conclusion