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                     Draft. 26-05.09

                   Declaration of Tallinn

Participants of the Conference of the Parliamentary Committees for the
Oversight of Intelligence and

Security Services of the European Union Member States having met at
their 5th Conference,

held on 25th and 26th of May 2009, in Tallinn, and:

Aware that without internal and external security, the protection of
individual rights and other

democratic values is not possible;

Recalling that in guaranteeing of national security and the use of
secret intelligence measures the

rule of law must be strictly respected and the interest of the State in
protecting its national security

must be balanced against the seriousness of the interference with the
respective individuals' rights;

Drawing the attention to the principle that the control of the security
services cannot be merely

administrative and the fact that judicial control at the initiative of
persons concerned is of limited

character;

Emphasising the principles arising from the Convention for the
Protection of Human Rights and

Fundamental Freedoms and the guiding role of the decisions the European
Court of Human Rights in

developing standards for secret surveillance measures and control over
the security services;

Aiming at promoting and ensuring common understanding of democratic
principles

Declare the following:

1. An adequate legislative framework is primary, but not the only
pre-requisite to achieve the

standards of democratic control over security services.

2. The importance of national parliaments is not limited to approving
legal regulations on

which the legality and authority of security agencies are based. The
ultimate legitimacy of

security services is ensured through reliable, effective and well
functioning oversight.

3. External oversight of the security services, which may be exercised
either directly by a

parliamentary committee or body accountable to parliament or by an
independent official,

e.g. ombudsman institution, has a specific role in creating and
enhancing public confidence

toward security services both at national and European level as well as
mutual trust

between security services of different states.

4. Taking into account the importance of the foreseeability of
guarantees and protection of

individual rights throughout Europe and in order to secure the public
confidence at

European level, there is a need for expressing common democratic values
and harmonising

the principles of secret surveillance measures and democratic oversight
of security services

and raising the public awareness of these practices.

5. The next conference will be held in the second half of 2010, in
Brussels, hosted by the

Belgian Senate. The proposal for the creation of a European centre of
expertise for the

parliamentary oversight of the intelligence and security services will
be discussed at the

sixth conference.