The problem of creating an adequate legal framework governing the essential aspects of the functioning of the intelligence services is, from the perspective of a democratic state and the rule of law, a problem of growing
scientific interest. The research in this field concentrates on finding a proper balance between two constitutional principles – ensuring an adequate level of state security and respecting human rights and fundamental freedoms. This problem is more relevant in Poland because of the role the intelligence services played in the communist system during the PRL (The Polish People’s Republic) period and their negative social perception. Legislative activities, aimed at shaping the relevant legal provisions of systemic nature in line with the general orientations set out in the Constitution of the Republic of Poland of 1997, are possible instruments for modifying this image. These institutions have been created to serve society with full respect for democratic principles and fundamental rights following the essential constitutional principles. The author examines these issues.