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Ombudsman asks Cons. Court to assess if decree on secret gathering of data is in line with Constitution

ZAGREB, Feb 25 (Hina) - The new Croatian Ombudsman Jurica Malcic hassaid that some provisions of the decree on obligations in the field ofnational security for legal entities and individuals in thetelecommunications sector allow for the unlimited and uncontrolledsecret gathering of data about citizens. That's why Malcic has sent arequest to the Constitutional Court to assess whether thecontroversial provisions are in compliance with the Constitution.
ZAGREB, Feb 25 (Hina) - The new Croatian Ombudsman Jurica Malcic has said that some provisions of the decree on obligations in the field of national security for legal entities and individuals in the telecommunications sector allow for the unlimited and uncontrolled secret gathering of data about citizens. That's why Malcic has sent a request to the Constitutional Court to assess whether the controversial provisions are in compliance with the Constitution.

"There are controversies whether good provisions are unlawfully implemented or whether provisions are those that generate the conduct that can be described as unlawful," Malcic told his first news conference in his capacity as the Public Ombudsman in Zagreb on Friday.

He added that the Constitutional Court was authorised to make a relevant decision on the matter.

Malcic said that there was a well-grounded suspicion that parts of the decree made it possible for the Counterintelligence Agency to secretly monitor citizens without a written approval from the Supreme Court and other restrictions.

Malcic asked the Constitutional Court to declare the controversial decree incompatible with the Constitution and the Security Services Law and to revoke it so that this important area that affects human rights and freedoms can be regulated in compliance with the Constitution.

He said that his request to the Court was prompted by recent scandals surrounding secret services.

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