The OA-IA coordinates its activities with parliamentary oversight activities with those of other federal and cantonal oversight bodies.43 However, in 2021 the pandemic and the measures and travel restrictions it involved continued to impact this coordination.
43 Art. 78 para. 2 IntelSA.
National contacts
Conference with cantonal oversight bodies
On 18 August 2021 the OA-IA held its second conference with the cantonal oversight bodies (COB) in the military barracks in Bern. Fifteen COB, FIS members and the two CIS heads took part. The conference provided opportunities for learning, networking and discussion.
The conference was launched by members of two COBs (Solothurn and Fribourg), who spoke about their results, the challenges they face and their expectations. Two FIS members then presented their perspective, in particular with regard to quality and security checks and administration in general. The heads of the Basel-Stadt and Fribourg CIS also spoke at the conference, explaining how oversight impacts their work. In the final presentation, the head of the OA-IA talked about his organisation’s activities since the last conference, which took place in 2018. In the podium discussion held in the afternoon, the four participants examined core issues and ideas about how intelligence oversight may go forward.
Conference outcomes:
The cantonal oversight bodies focus primarily on the legality of the CIS’ activities. It is a constant challenge to use human sources effectively, maintain oversight lists, maintain an overview of the threat situation and ensure sufficient distance from the work of the police services. At the same time, transparency, dialogue and understanding are key elements in creating trust.
The FIS underlines the importance of coordinating and exchanging with the CIS. It notes that considerable progress has been made since the IntelSA came into force in September 2017. However, there are still different approaches to data processing and cooperation among the CIS. The FIS urges them to report irregularities at any level as swiftly as possible, stating that “Together we are strong, and together we can ensure security in Switzerland.”
In the eyes of the CIS, de-mystifying intelligence activities should be the principal objective of oversight. Discussions with the oversight authorities are generally very constructive. They allow the intelligence services to report any needs they may have, increase transparency and trust, and create potential for development and improvements. However, it was noted that the CIS must undergo a vast number of audits by cantonal and national oversight bodies (as much as one audit a month in the case of one particular CIS), and that better planning of the audits among the various authorities would be desirable. The point was also raised that there are considerable legal obstacles in conducting intelligence-gathering activities requiring authorisation. As a result, intelligence information is increasingly being gathered from human sources.
For the OA-IA, the audits conducted since the IntelSA came into force, cooperation between the various oversight actors, information flows and the CIS’ involvement are clearly positive points. However, it sees room for improvement in data processing, the use of resources and the use of technical means. The declared aim should undoubtedly be to increase the status of intelligence activities and to build trust.
Having previously been postponed because of the uncertainty of the COVID-19 pandemic, the conference in 2021 was a great success. It will be held again in 2023.
Federal Administrative Court (FAC)
On 10 September 2021 the OA-IA met members of the FAC to discuss a variety of topics, including information gathering measures requiring authorisation, recent court rulings and the revision of the IntelSA.
Swiss Federal Audit Office (SFAO)
On 21 May 2021, the OA-IA management met with two members of the SFAO to discuss and coordinate a number of issues, including possible audit topics.
Control Delegation (CDel)
The OA-IA was invited to one hearing only, on 20 January 2021, at which the management and an employee reported on audit 20-13 Operational clarification needs. We consider the CDel’s reporting on the OA-IA to be one-sided and unbalanced. The OA-IA sent a four-page letter commenting on the CDel’s draft annual report. The majority of the requested changes were not considered and no feedback was given. We do not find this kind of reporting to be constructive, either with regard to the subject matter or in terms of the impression made. The OA-IA hopes that it will soon be possible for the authorities concerned to discuss the oversight of intelligence activities in a reasonable fashion.
DDPS Internal Audit Service (DDPS IAS)
In a telephone conversation held on 22 January 2021, the OAIA management and DDPS IAS management discussed how the IAS could benefit from information held by the OA-IA and how oversight can also generate added value for the services. They also discussed introducing a kind of peer-review system in the OA-IA, whereby the processes of one oversight body could be examined for expediency by another body.
Basel-Stadt cantonal services oversight body
The head of the OA-IA and two audit managers met representatives of the Basel-Stadt cantonal services oversight body on 15 July 2021 to discuss a variety of topics, including their annual reports, auditing in the field of violent right-wing extremism, the impact of the Federal Act on Police Counterterrorism Measures, oversight methods and audit report 21-6 Audit of CIS Basel Stadt.
Independent Control Authority for Radio and Cable Communications Intelligence (ICA)
The revision of the IntelSA should provide a legal basis for the merger between the ICA and the OA-IA, which was already discussed when the IntelSA was first drawn up. To this end, the ICA president and the head of the OA-IA agreed that the OA-IA would attend the ICA’s regular audit meetings; an OA-IA representative attended the ICA meetings on 26 June, 17 September, 22 October and 18 November 2021.
The aim was to gain an overview of the audit activities and thus build up the technical and intelligence expertise necessary for the OA-IA to take over the ICA’s activities. The OA-IA refrained from playing an active role in the ICA’s audit process, as it lacked the authority to do so. The ICA reports annually to the CDel, and the OA-IA receives the report in each case for information purposes.
In addition, the OA-IA took part in the K-workshop, to which the ICA regularly invites representatives of the FIS, EOC, FAC and OA-IA to exchange information on cable communications intelligence. This year, topics ranged from the expansion of technical infrastructure, the particular challenge of controlling radio and cable communications intelligence and the legal hurdles when extending orders for this kind of intelligence.
OA-IA/FIS management retreat
In the Koller report of March 2013 on the tasks, organisation and performance of DDPS intelligence oversight, a recommendation was made to hold an annual retreat for the oversight body and the FIS as the start of a long-term strategy development and to identify (large-scale) political risks.
The FIS and the OA-IA now have four years of shared experience, yet this recommendation is still pertinent even in the changed environment of today and is supported by the FIS. On 2 November 2021, the extended FIS management came together with the OA-IA for the retreat, which was also attended by the intelligence advisor to the head of the DDPS. The aim of this first event was to promote mutual understanding and acceptance and to decide how to proceed. It was agreed that the retreat was useful and that it would be a good idea to hold a further one, to be attended by the new OA-IA head.
The OA-IA management held discussions with the following people at least once in 2021:
- Head of the DDPS
- DDPS Secretary General
- FIS director/deputy director
- Head of the MIS
- Head of the EOC
- FDPIC staff
The meeting with advisors from the FDFA, FDJP and DDPS (attendance at the Federal Council Security Committee meeting) had to be postponed and did not take place in 2021.
Enquiries from Citizens
In 2021 the OA-IA received and dealt with 11 enquiries from citizens.
International contacts
The OA-IA can only oversee Switzerland’s intelligence activities within the country’s borders. There is currently no legal basis for exchanging information with partner authorities. The OA-IA can, however, exchange information on oversight methods, processes and experiences.
Virtual meeting, 20 September 2021: Intelligence Oversight Working Group (IOWG)
Before the pandemic, the IOWG met twice a year. As its last face-to-face meeting was in January 2020, shortly before the introduction of COVID-19 restrictions, this virtual meeting was held to maintain contact and to discuss how the working group will organise itself going forward.
Rome, 7 and 8 October 2021: European Oversight Conference
Italy’s General Prosecution Office organised a meeting between several countries to discuss various national and international court rulings and their impact on the respective intelligence services and associated oversight bodies. Besides the representatives of the Italian oversight bodies, delegates from Austria, Belgium, Bulgaria, Denmark, France, Germany, Greece, Luxembourg, the Netherlands, Norway, Portugal, Switzerland and the United Kingdom also attended.
