THE ETHICS OF SECRECY: INTELLIGENCE AGENCIES AND DEMOCRATIC ACCOUNTABILITY

Resumo

This article explores the ethical and legal dilemmas regarding intelligence activities within liberal democracies, where the operational demands of secrecy often collide with the democratic imperatives of accountability and protection of fundamental rights. Through case studies from the European Union, it investigates how historical legacies, public trust, and legal frameworks shape intelligence practices and influence their legitimacy. Underscoring the inherent moral ambivalence of intelligence – being an indispensable tool for national security, yet prone to overstep in the absence of effective constraints – the study ultimately insists on the need for normative structures capable of reconciling national security with civil liberties. Without meaningful oversight and transparency, intelligence agencies risk becoming incompatible with democratic principles. Yet, a key question persists: where should the line be drawn between democratic legitimacy and operational secrecy?