Intelligence Service Act (IntelSA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 1 Subject matter
This Act regulates: a. the activities of the Federal Intelligence Service (FIS); b. cooperation between the FIS and other federal authorities, the cantons, foreign countries and private individuals; c. political governance of the FIS and the control and supervision of intelligence activities.
Art. 2 Aim
This Act serves to protect important national interests; its aim is: a. to contribute towards safeguarding Switzerland’s democratic and constitutional principles and protecting the freedoms of its population; b. to increase the security of the Swiss population and of Swiss citizens abroad; c. to support Switzerland’s capacity to act; d. to contribute towards safeguarding international security interests.
Art. 3 Safeguarding further important national interests
In the event of a serious and immediate threat, the Federal Council may deploy the FIS not only to protect the national interests mentioned in Article 2 but also: a. to protect basic constitutional order in Switzerland; b. to support Swiss foreign policy; c. to protect Switzerland as a location for employment, business and finance.
Art. 4 Authorities and persons subject to obligations
This Act applies to the following authorities and persons: a. federal and cantonal authorities that are given the task of carrying out intelligence activities; b. federal and cantonal authorities and public and private organisations, persons and entities that hold information relevant to intelligence matters; c. private individuals who are required to pass on information relevant to intelligence matters in terms of this Act.
Art. 5 Principles governing information gathering
1 In order to carry out its tasks, the FIS shall gather information from sources that are publicly and non-publicly accessible. 2 For this purpose it shall use information gathering measures which do and do not require authorisation. 3 In each case, it shall choose the information gathering measure that: a. is most suitable and necessary for achieving a specific information gathering objective; and b. causes the least interference with the fundamental rights of the persons concerned. 4 It may gather personal data without this coming to the attention of the persons concerned. 5 It may not gather or process any information relating to political activities or the exercise of freedom of speech, assembly or association in Switzerland. 6 It may by way of exception gather information in accordance with paragraph 5 about an organisation or person and record that information in relation to a person if there are specific indications that the person is exercising their rights in order to prepare