Ordinance of August 16, 2017, on the Oversight of Intelligence Activities (OSIA) (VAND)

This ordinance regulates: a. the administrative attachment of the independent authority overseeing intelligence activities (IA-OIA) and the administrative processes governing it; b. the organization and duties of the independent monitoring body for radio exploration and cable network exploration (OMB); c. the collaboration between the Confederation and the cantonal oversight authorities; d. the minimum requirements that cantons must meet regarding oversight; e. the collaboration between oversight bodies.

The IOIA is administratively affiliated with the General Secretariat of the Federal Department of Defense, Civil Protection and Sport (GS-DDPS). Its headquarters is located in Bern.

The Intelligence Service adopts internal regulations; these are published.

Each year, the Intelligence Service submits its budget proposal to the Federal Council through the Federal Department of Defense, Civil Protection, and Sports (DDPS). The Federal Council forwards it as is to the Federal Assembly.

Documents related to intelligence activities intended for the head of the DDPS, the Federal Council's Security Delegation, the Federal Council, or the parliamentary high oversight bodies referred to in Art. 81, para. 1, of the Intelligence Act (LRens) are submitted to the AFIS. The AFIS determines the nature of the documents that are submitted and sets the schedule for their submission.

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Any military personnel or member of an administrative unit, whether monitored or not, who is questioned by the AS-Rens is required to provide all requested information truthfully.

When a written record of the orally provided information is prepared, the person questioned may request to read it. The AS-Rens may ask the person to sign the record to confirm the accuracy of its content.

The AS-Rens may request monitored administrative units to submit written opinions.

Persons who provide information must not suffer any prejudice when their information is truthful.

The OCI is composed of three to five members from the federal administration.

The members of the OCI must possess expertise in the areas of telecommunications, security policy, and the protection of fundamental rights.

The DDPS does not assume the presidency of the OCI and does not constitute the majority of its members.

The Federal Council appoints the members of the OCI upon the proposal of the DDPS.

The OIC shall regulate its own organization; it shall establish its verification program.

It has a secretariat; the DDPS provides it with the necessary resources.

The decisions of the OCI are made by a majority of its members.

The Federal Intelligence Service (FIS) and the Military Intelligence Service (MIS) shall report any new radio exploration or cable network exploration mandate to the Independent Oversight Authority (IOC). They shall simultaneously provide it with the updated and complete list of all keywords, communicate any modifications to this list, and inform it of the completion of the mandates.

Radio exploration and cable network exploration commence independently of the initiation of verification by the IOC.

The OCI may notably conduct the following verifications in the exercise of its oversight mandate: a. verify the legality of radio exploration mandates that the SRC and SRA assign to the Actions in Cyberspace and Electromagnetic Space Service (ACEM); b. review requests concerning cable network exploration, approval and validation decisions, and cable network exploration mandates; c. examine ACEM documents related to the planning, development, and utility of radio exploration and cable network exploration mandates; d. conduct a punctual analysis of the results obtained from radio exploration and cable network exploration; e. analyze ACEM's procedures, data, and systems that, according to its directives, can be documented separately; f. interview, orally or in writing, collaborators of the SRC, SRA, and ACEM.

It generally verifies radio exploration mandates annually. It controls the execution of cable network exploration mandates within six months following the start of exploration. If the execution of a cable network exploration mandate lasts more than six months, the OCI controls its execution at least once a year.

Each year, it prepares a report on its investigations for the attention of the DDPS. The DDPS forwards the report to the Federal Council and informs it of the OCI's recommendations and their implementation.

The cantons designate the services and bodies responsible for activities related to cantonal surveillance and report them to the GS-DDPS, for the attention of the FIS and the AS-Intelligence. Any changes must be reported without delay. The GS-DDPS publishes an annual list of the surveillance services and bodies designated by the cantons.

Requests for consultation of the data processed by the canton on behalf of the Confederation pursuant to Art. 82, para. 4, of the IA Act may be made orally or submitted in writing to the FIS.

If critical security interests require it, the FIS may request the head of the DDPS to refuse or defer the consultation of data by the cantonal surveillance authority.

The head of the DDPS shall render a decision within thirty days following the submission of the request.

The cantonal surveillance authority conducts its inspections based on the principles of legality, adequacy, and effectiveness.

It specifically examines how the cantonal execution body autonomously gathers, processes, and transmits information or does so under a mandate from the SRC.

It evaluates the handling of personal data by the cantonal execution body. It particularly checks the compliance of data processing with the rules set out in Art. 46, para. 1 and 2, LRens and adherence to data protection requirements, especially those related to the protection of personal rights and data security.

It investigates the collaboration between the cantonal execution body and the cantonal police services.

It informs its superior authority, annually or as needed, about its activities.

The AS-Rens informs the cantonal oversight authority of the recommendations it addresses to the cantonal execution bodies.

If necessary, it may provide support to the cantonal oversight authority if requested.

The AS-Rens and the OCI coordinate their surveillance and control activities.

The OCI informs the AS-Rens of the results of its surveillance and control activities; it communicates to them the recommendations and proposals referred to in Art. 79, para. 3, LRens, as well as its reports.

The AS-Rens informs the OCI of the results of the surveillance and control activities that impact its activities; particularly, it sends its annual report in accordance with Art. 78, para. 3, LRens.

The AS-Rens, the OCI, the Federal Audit Office, and other competent supervisory bodies of the Confederation and the cantons may exchange information on their surveillance and control activities as well as the resulting data, provided that they are necessary for the fulfillment of their tasks.

The Federal Administrative Court may request the AS-Rens to inform it about compliance with the authorization conditions it has set and may ask the OCI to inform it about the results of its inspections in the area of cable network exploration in general or concerning specific mandates.

The amendment of other acts is governed in the annex.

The members of the OCI appointed in accordance with the provisions of the Ordinance of 17 October 2012 on Electronic Warfare and Radio Exploration shall remain in office until the end of the regular term of their mandate.

This ordinance shall enter into force on September 1, 2017.