A hozzáféréshez való jog kollíziója a nemzetbiztonsági érdekkel

Absztrakt

The pursuit of knowledge, the uncovering of secrets, and the curiosity that may even be described as an evolutionary instinct have long been integral to the history of humankind, shaping the rise and fall of civilizations and empires, and continue to do so today. Approximately twelve years ago, Edward Snowden, a former contractor of the National Security Agency (NSA), revealed the practice of mass surveillance, highlighting the extent to which individuals are vulnerable to the secret tools of the state.

The continuously evolving security environment, the ongoing Russo-Ukrainian War, recurring acts of terrorism, rapid technological development, and modern surveillance scandals (such as the Pegasus affair) have once again brought the activities of national security services—and the question of their oversight—into the spotlight. State actions undertaken in the interest of national security may inevitably involve the restriction of fundamental rights. However, in a democratic state governed by the rule of law, such limitations cannot be justified without the establishment of adequate safeguards.

This paper examines the conflict between the right to acces personal data and national security interest through a concrete legal case. It highlights how modern surveillance practices and evolving security challenges have intensified the role and scrutiny of national security services.