The presentation will propose a set of normative standards for legislation on the preventive use of surveillance measures in the protection of national security. More specifically, it addresses the legal regulation of the national police- and intelligence services´ access to, for example, communication-, audio- and camera monitoring of individuals, with the purpose of pro-actively preventing rather than reactively investigating serious attacks on individual autonomy.
It raises the question of how such legislation may be justified, its relationship to the traditional justification of criminal law and how the legislation should be constructed in order to ensure respect for fundamental principles of democracy and rule of law.