Big Brother law, with mass surveillance, no independent control: What the SRI says, which admits involvement

After Snoop wrote about the bill that intends to expand the powers of the state in the digital space, the Romanian Intelligence Service came up with an answer. The Big Brother Act was passed tacitly by MPs and is now in the Senate.

• Snoop wrote that the Big Brother national security law risks enabling mass surveillance with AI algorithms.

The Romanian Intelligence Service confirms that it was consulted and participated in the drafting of the legislative draft.

To Snoop's question whether there are technical possibilities for processing information, namely personal data introduced by the new legislation and which, currently, the SRI cannot use, the service did not answer, arguing that these aspects fall under the category of state secrets.

However, the SRI confirmed that it already uses AI algorithms in its activity and added that: “The national defense strategy of the country for the period 2025-2030 (…) emphasizes the importance of using new technologies, especially the tools offered by artificial intelligence, including in the activity of intelligence services”.

SRI has neither confirmed nor denied whether it uses or plans to use Palantir-type software, citing again that the means used are state secrets.

Two of the initiators of the law withdraw their signatures

The day after the publication of Snoop's article, two of the initiators filed for the withdrawal of the signature. It is about lawyers Nicolae Vlahu and Constantin Ciprian Iacob, AUR senators.

Contacted by Snoop, Iacob explained:

“The decision to withdraw came as a result of a detailed analysis of the initiative. Doctrinally, the party does not want certain restrictions and the attribution to officers of certain “powers”, prerogatives, without the need for them. It determined me to withdraw my signature”.

On May 12, the legal and defense committees in the Senate had a deadline for the presentation of reports and amendments, but the committees have not yet discussed the project.

According to Snoop's sources, the debate will be postponed and it is very likely that the project will be voted on only after the parliamentary vacation.

What the draft law provides

Under emergency procedure in the Senate, the draft law responds to “evolutions of the European and Euro-Atlantic security climate, especially with regard to the terrorist issue, illegal migration especially from areas with terrorist potential, hybrid and cyber threats”, according to the statement of reasons.

The document talks about “incorporating technological progress into operational approaches”, but does not specify what new tools it would add to the arsenal of intelligence services.

The main provisions of the legislative project:

• The project empowers the authorities with duties in national security (SRI, SIE, SPP, MAPN, MAI, Ministry of Justice – through specialized internal structures) to create, develop, administer and use applications and databases, IT and communication systems, as well as applications and other resources in the online environment, under the law.
• To ensure national security, the services will be able to process personal data by automated means (ie artificial intelligence, according to the specialists consulted by Snoop) or non-automated.
• It introduces the obligation for the services to check for a maximum of 5 years if it is still necessary to store the data, as well as the obligation to delete the data they hold if they find that it “is not related to vulnerabilities, risks or threats to Romania's national security”.
• The control of these activities would be done through the permanent parliamentary committees. If a person considers his rights violated by the way the information structures acted, he can turn to the dedicated control commission. In this case, the parliamentary committee will ask the respective authority (eg SRI) for a point of view. The Intelligence Service will respond to the commission, but without providing information on: “sources of information, methods and means used” or “actions, operations or operative activities”.