Podgorica, (MINA) - The Constitutional Court upheld the constitutional appeal of the NGO Network for the Affirmation of the NGO Sector (MANS), finding that the right to freedom of expression guaranteed by the European Convention on Human Rights was violated in the case concerning the data on the number of people subject to surveillance measures.

The Constitutional Court thereby annulled the judgment of the Supreme Court in the case concerning MANS’s complaint against the National Security Agency regarding the data on the number of persons under surveillance measures.

As stated, MANS had requested data on the number of persons who were subject to surveillance measures between 2018 and 2021.

ANB rejected the request, stating that the data were classified as “confidential” and the Supreme Courts upheld such a decision.

“The Constitutional Court found that the Administrative and Supreme Courts did not examine whether classifying as “confidential” the requested data on the number of people under surveillance measures was justified, nor did they assess the proportionality between the protection of national security and the public’s right to free access to information”, the press release said.

The Court also emphasized that there must be effective judicial control in areas related to national security, including assessment of if restrictions on human rights are justified.