АPPLICATION OF THE PRINCIPLE OF PROPORTIONALITY IN INFORMATION SECURITY MEASURES AND ESTABLISHMENT OF RESTRICTIONS ON THE RIGHT TO INFORMATION IN THE INTERESTS OF NATIONAL SECURITY
Abstract
Abstract. The article examines the problematic issues of the practice of applying the principle of proportionality in information security measures and establishing restrictions on the exercise of the right to information in the interests of national security. The origins of the legal principle of proportionality are attributed to case law with further development in the case law of the European Court of Human Rights and issues of regulation of the use of state coercion by relevant officials. The author emphasizes the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the need to consider cases of coercion through the prism of the principle of proportionality. It is generalized that the requirements of the UN Convention and the UN Code on the conduct of law enforcement officials have been separately combined in information security measures, as well as in cases where restrictions on the exercise of the right to information are imposed in the interests of national security. The author emphasizes the legal instrumental feasibility of such actions, which has not yet been the subject of scientific discussion, limited to justifying their classification as measures of the emergency legal regime, primarily martial law, and the availability of a number of organizational and legal measures to deter and counter threats to Ukraine's information security, neutralize information aggression, including special information operations of the aggressor State aimed at undermining the State sovereignty, territorial integrity of Ukraine, and ensuring information and communication security. The study emphasizes that information security measures and restrictions on the exercise of the right to information in the interests of national security cannot be unreasonable and unlimited, and must meet the criteria of proportionality. The author suggests that further scientific research on the proportionality principle should be directed to its analysis in the sense of "proportionality", "dimensionality" or "adequacy".
Keywords: information security; national security; right to information; realization of the right to information; restriction of the right to information.
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