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.
Section 1 Information Gathering Measures not requi
Art. 13 Public sources of information
Public sources of information are in particular: a. publicly accessible media; b. publicly accessible registers of federal and cantonal authorities; c. personal data made publicly accessible by private individuals; d. statements made in public.
let. c — Amended by Annex 1 No II 2 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 14 Observation of public in generally accessible locations
1 The FIS may observe and make sound and image recordings of events and facilities in public and generally accessible locations. It may use aircraft and satellites for this purpose. 2 The observation and sound and image recording of events and facilities that fall within the private domain are not permitted. Sound and image recordings that fall within the protected private domain but which cannot be prevented for technical reasons must be destroyed immediately.
Art. 15 Human sources
1 Human sources are persons who: a. provide the FIS with information or intelligence; b. provide the FIS with services that assist in the fulfilment of tasks in terms of this Act; c. support the FIS in procuring information. 2 The FIS may pay human sources appropriately for their activities. Where this is necessary in order to protect the sources or to gather further information, the payment shall not be regarded as taxable income or as income in terms of the Federal Act of 20 December 1946 on Old-Age and Survivors' Insurance. 3 The FIS shall take the measures required to protect the life and limb of human sources. Such measures may also be taken in respect of persons closely associated with human sources. 4 The Head of the DDPS may in specific cases authorise the FIS to provide human sources with a cover story or an alias identity on conclusion of their cooperation, if this is necessary in order to protect the life and limb of the persons concerned. 5 The measures mentioned in paragra
Para. 2 — SR 831.10
Art. 16 Alerts on persons and property
1 The FIS may arrange for alerts to be issued in the computerised police search system in accordance with Article 15 paragraph 1 of the Federal Act of 13 June 2008 on the Federal Police Information Systems (FPISA) and in the national part of the Schengen Information System in accordance with Article 16 paragraph 2 FPISA in respect of persons and vehicles. 2 An alert in respect of a person or a vehicle is only permitted if there is reason to believe that: a. the person concerned poses a specific threat to internal or external security in accordance with Article 6 paragraph 1 letter a; b. the vehicle is being used by a person defined in letter a; c. the vehicle will be used for a different specific threat to internal or external security in accordance with Article 6 paragraph 1 letter a; d. the whereabouts of a person or a vehicle must be established in order to safeguard other important national interests in accordance with Article 3. 3 The alert may not be issued in order to monitor th
Para. 1 — SR 361 Para. 3 — SR 312.0
Section 2 Cover Stories and Alias Identities
Art. 17 Cover story
1 The Director of the FIS may authorise FIS employees to be provided with a cover story so that they are not recognised as belonging to the FIS. 2 In consultation with or at the request of a canton, the Director may also authorise members of the cantonal executive authorities to be provided with a cover story by the FIS. 3 In order to establish and maintain a cover story, the FIS may produce or alter official documents. The responsible federal, cantonal and communal authorities are required to cooperate with the FIS. 4 The Director of the FIS shall submit a report each year to the Head of the DDPS on the use of cover stories. 5 Concealing one’s association with the FIS or a cantonal executive authority without using official documents produced or altered for this purpose does not require any special authorisation.
Art. 18 Alias identities
1 The Head of the DDPS may authorise the following persons to be provided with an alias identity, i.e. be given an identity other than their true identity in order to ensure their safety or facilitate information gathering: a. FIS employees; b. in consultation with or at the request of the canton, employees of the cantonal executive authorities acting in terms of a federal mandate; c. human sources in the course of a specific operation. 2 The alias identity may be used for as long as required to ensure the safety of the person concerned or facilitate information gathering. Use is subject to the following time limits: a. for employees of the FIS or of cantonal security agencies: a maximum of five years; if required, this period may be extended for a maximum of three further years in any given case; b. for human sources: a maximum of twelve months; if required, this period may be extended for a maximum of twelve further months in any given case. 3 The use of an alias identity to gather i
Section 3 Duties to provide Information and to Rep
Art. 19 Obligation to provide information in the case of a specific threat
1 Federal and cantonal authorities and organisations that the Confederation or the cantons have mandated to fulfil public tasks are obliged in specific cases and on justified request to provide the FIS with the information required to identify or repel a specific threat to internal or external security or to safeguard other important national interests in accordance with Article 3. 2 A specific threat to internal or external security is established if a significant legal interest such as the life and limb or the liberty of persons or the existence and functioning of the state is affected and the threat comes from: a. terrorist activities in the sense of attempts to influence or change the framework of the state that are realised or encouraged by committing or threatening to commit serious offences or by spreading fear and alarm; b. espionage in terms of Articles 272–274 and 301 of the Criminal Code (SCC) and Articles 86 and 93 of the Military Criminal Code of 13 June 1927; c. ABC proli
Para. 2 let. b — SR 311.0 Para. 2 let. b — SR 321.0 Para. 5 — SR 172.021
Art. 20 Special obligation to provide information and report
1 The following authorities are obliged to provide the FIS with information in order to carry out its tasks: a. courts, prosecution authorities and authorities responsible for executing criminal sentences and measures; b. the border guard and customs authorities; c. authorities responsible for military security, the authorities of the Armed Forces Intelligence Service and the authorities responsible for the military service registration system; d. federal and cantonal authorities responsible for matters relating to the entry and residence of foreign nationals and for asylum matters; e. authorities that are involved in security policing tasks; f. residents’ register offices; g. authorities responsible for diplomatic and consular matters; h. authorities responsible for authorising dealings with certain goods; i. authorities responsible for the operation of computer systems; j. authorities that are responsible for the supervision of the financial markets and for accepting reports of suspi
Para. 1 let. j — SR 955.0 Para. 3 — The correction of the FA Drafting Committee of 12 March 2020, published 24 March 2020, relates to the French text only (AS 2020 1057).
Art. 21 Professional confidentiality
In the case of information in terms of Article 19 or 20, the statutory protection for professional confidentiality continues to apply.
Art. 22 Procedure in the event of differences of opinion about obligations to provide information and to report
1 In the event of any differences of opinion between the FIS and another unit of the Federal Administration with regard to an obligation to provide information in accordance with Article 19 or 20, the relevant joint supervisory authority shall make the final decision. 2 In the case of differences of opinion between the FIS and an organisation, officer or authority that does not form part of the Federal Administration with regard to an obligation to provide information in accordance with Article 19 or 20, the Federal Administrative Court shall decide in accordance with Article 36a of the Administrative Court Act of 17 June 2005.
Para. 2 — SR 173.32
Art. 23 Reports and information from third parties
1 The FIS may accept reports from any person. 2 It may obtain by written or verbal request specific information that it requires in order to carry out its tasks. It may invite persons in writing to be questioned. 3 It shall notify the person requested for information that they are providing information voluntarily; the foregoing does not apply to information gathering while using a cover story.
Art. 24 Identification and questioning of persons
1 In order to carry out its tasks in accordance with Article 6 paragraph 1 letter a, the FIS may have a person stopped in order to establish their identity and to question them briefly in accordance with Article 23. 2 The person shall be stopped by cantonal police officers. 3 The FIS may require the person stopped to provide their personal details and produce identity documents.
Art. 25 Special duties of private individuals to provide information
1 Insofar as it is necessary to identify, prevent or repel a specific threat to internal or external security in accordance with Article 19 paragraph 2, the FIS may request the following information and records in specific cases: a. from a natural person or legal entity that carries out transport operations for commercial gain or provides or arranges means of transport: information about a service that it has provided; b. from private operators of security infrastructures, in particular image transmission and image recording devices: the handover of recordings, including recordings of events in public locations. 2 The FIS may also obtain information in accordance with Article 15 of the Federal Act of 18 March 2016 on Post and Telecommunications Surveillance (FAPTS).
Para. 2 — SR 780.1 Para. 2 — Amended by Art. 46 No 2 of the FA of 18 March 2016 on Post and Telecommunications Surveillance, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Section 4 Information Gathering Measures requiring
Art. 26 Forms of information gathering measures requiring authorisation
1 The following information gathering measures require authorisation: a. post and telecommunications surveillance and requests for marginal data relating to post and telecommunications in accordance with the FAPTS; abis. the use of special technical devices to monitor telecommunications, to record transmissions or to identify a person or object or to ascertain their location if monitoring in accordance with letter a has been unsuccessful, would be without prospect of success or would be unreasonably difficult and the licences under telecommunications law for the special technical devices have been obtained; b. the use of localisation devices to establish the location and the movements of persons or objects; c. the use of monitoring devices in order to listen to and record words spoken in non-public places or to observe and record events at non-public or not generally accessible locations; d. the intrusion into computer systems and computer networks in order to: 1. gather information av
Para. 1 let. a — Amended by Art. 46 No 2 of the FA of 18 March 2016 on Post and Telecommunications Surveillance, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683). Para. 1 let. a — SR 780.1 Para. 1 let. abis — Inserted by Art. 46 No 2 of the FA of 18 March 2016 on Post and Telecommunications Surveillance, in force since 1 March 2018 (AS 2018 117; BBl 2013 2683).
Art. 27 Principle
1 The FIS may order an information gathering measure requiring authorisation if: a. there is a specific threat in terms of Article 19 paragraph 2 letters a–d or the measure is required to safeguard other important national interests in accordance with Article 3; b. the seriousness of the threat justifies the measure; and c. intelligence investigations so far have been unsuccessful or would otherwise be without prospect of success or unreasonably difficult. 2 The FIS shall obtain the authorisation of the Federal Administrative Court and clearance from the Head of the DDPS before carrying out the measure. 3 If other federal and cantonal agencies are required to participate in carrying out the measure, the FIS shall issue them with a written order as soon as the authorisation of the Federal Administrative Court and clearance from the Head of the DDPS is granted. The information gathering measure must be kept secret.
Art. 28 Ordering information gathering measures requiring authorisation in relation to third parties
1 The FIS may also order an information gathering measure requiring authorisation in relation to a third party if there is reason to believe that the person from whom it is intended to gather the information is using premises, vehicles or storage facilities belonging to the third party or the latter’s postal addresses, telecommunication connection points, computer systems or computer networks in order to transmit, receive or store information. 2 The measure may not be ordered if the third party belongs to one of the professional groups mentioned in Articles 171–173 CrimPC.
Para. 2 — SR 312.0
Art. 29 Authorisation procedure
1 Where the FIS intends to order an information gathering measure requiring authorisation, it shall submit an application to the Federal Administrative Court with: a. details of the specific objective of the information gathering measure and the reasons for its necessity and an explanation of why investigations have so far been unsuccessful, would be without prospect of success or would be unreasonably difficult; b. details of the persons who will be affected by the information gathering measure; c. a precise description of the information gathering measure and details of its statutory basis; d. details of any other agencies that it is intended to instruct to carry out the information gathering measure; e. details of when the information gathering measure will start and finish and the deadline by which it must be carried out; f. the files required for granting authorisation. 2 The president of the competent division of the Federal Administrative Court shall issue as a single judge a de
Art. 30 Clearance
1 If the information gathering measure has been authorised, the Head of the DDPS, after consulting the Head of the FDFA and the Head of the Federal Justice and Police Department (FDJP) shall decide on clearance for the measure to be carried out. Cases of particular importance may be submitted to the Federal Council. 2 The consultation procedure must be conducted in writing.
Art. 31 Procedure in cases of urgency
1 In cases of urgency, the Director of the FIS may order the immediate use of information gathering measures requiring authorisation. He or she shall immediately inform the Federal Administrative Court and the Head of the DDPS. Either may terminate the information gathering measure with immediate effect. 2 The Director of the FIS shall file the application within 24 hours with the president of the competent division of the Federal Administrative Court and shall give reasons for the urgency. 3 The president of the competent division of the Federal Administrative Court shall notify the FIS of his or her decision within three working days. 4 If the information gathering measure has been authorised, the Head of the DDPS, after consulting the Head of the FDFA and the Head of the FDJP, shall decide on clearance for the measure to be continued.
Art. 32 Termination
1 The FIS shall terminate the information gathering measure requiring authorisation immediately, if: a. the authorised period has expired; b. the requirements for continuing with the measure are no longer fulfilled; c. authorisation by the Federal Administrative Court or clearance from the Head of the DDPS is not granted. 2 In cases of urgency, the FIS shall ensure the immediate destruction of the data procured if: a. the president of the competent division of the Federal Administrative Court rejects the application; b. the Head of the DDPS terminates the information gathering measure with immediate effect or refuses clearance for continuation. 3 If other agencies are involved in carrying out the information gathering measure requiring authorisation, the FIS shall notify them of its termination. 4 The FIS shall notify the Federal Administrative Court and the Head of the DDPS of the termination of the information gathering measure.
Art. 33 Obligation to notify
1 The FIS shall notify the person being monitored within one month after conclusion of the operation of the reason for and nature and duration of monitoring using information gathering measures requiring authorisation. 2 It may postpone or dispense with giving notification if: a. this is necessary so as not to jeopardise an ongoing information gathering measure or ongoing legal proceedings; b. this is necessary due to another overriding public interest in order to safeguard internal or external security or Swiss foreign relations; c. notification could cause serious danger to third parties; d. the person concerned cannot be contacted. 3 Postponing or dispensing with notification must be authorised and cleared in accordance with Article 29.
Section 5 Cooperation and Protection of Sources
Art. 34 Cooperation and delegation of information gathering
1 The FIS may carry out the information gathering measures itself, work with domestic or foreign agencies, or delegate information gathering to such agencies provided the other agencies guarantee that information gathering will be carried out in accordance with this Act. 2 By way of exception, it may also work with private individuals or issue private individuals with assignments if this is required for technical reasons or to gain access to the object of information gathering and the person concerned offers a guarantee that information gathering will be carried out in accordance with this Act.
Art. 35 Protection of sources
1 The FIS shall ensure the protection of its sources and shall preserve their anonymity, in particular that of foreign intelligence services and security services and of persons who gather information about foreign countries and are endangered as a result. The foregoing does not apply to persons who are accused in criminal proceedings of serious crimes against humanity or war crimes. 2 The FIS shall disclose the identity of a human source resident in Switzerland to the Swiss prosecution authorities if the person concerned is suspected of an offence that is prosecuted ex officio or if disclosure is essential in order to identify the perpetrator of a serious offence. 3 The following must be considered in relation to the protection of sources: a. the interests of the FIS in continuing to use the source for intelligence; b. the need for human sources in particular to be protected from third parties; c. in the case of technical sources: information that should be kept secret about infrastru
Section 6 Information Gathering about Events outsi
Art. 36 General provisions
1 The FIS may covertly gather information about events outside Switzerland. 2 Where the FIS procures information in Switzerland about events outside Switzerland, it is bound by the provisions of Section 4; Article 37 paragraph 2 remains reserved. 3 The FIS shall ensure that the risk in information gathering is not disproportionate to the expected benefit of information gathering and that interference with the fundamental rights of the persons concerned can be limited to what is necessary. 4 It shall document information gathering about events outside Switzerland for the attention of the supervision and control bodies. 5 It may store data separately from information gathering measures abroad that are comparable with information gathering measures requiring authorisation if this is required because of the volume of data, confidentiality or security. 6 FIS employees deployed abroad shall be insured during their mission under the Federal Act of 19 June 1992 on Military Insurance against Il
Para. 6 — SR 833.1
Art. 37 Intrusion into computer systems and computer networks
1 Where computer systems and computer networks located abroad are used to carry out attacks on critical infrastructures in Switzerland, the FIS may intrude into these computer systems and computer networks in order to disrupt, prevent or slow down access to information. The Federal Council shall decide on whether such a measure should be carried out. 2 The FIS may intrude into computer systems and computer networks abroad in order to gather information about events outside Switzerland that is available there or that has been transmitted from there. The Head of the DDPS shall decide after consulting the Head of the FDFA and the Head of the FDJP on whether such a measure should be carried out.
Art. 38 Radio communications intelligence
1 The Confederation may operate a service for recording electro-magnetic emissions from telecommunications systems located abroad (radio communications intelligence). 2 Radio communications intelligence has the following purposes: a. information gathering about events outside Switzerland that are of significance to security, in particular relating to terrorism, the proliferation of weapons of mass destruction and foreign conflicts that have an effect on Switzerland; b. safeguarding of other important national interests in accordance with Article 3. 3 The Federal Council shall regulate the fields of communications intelligence, and the organisation and procedures for radio communications intelligence. It shall specify for how long the recorded communications and connection data may be retained by the service carrying out the communications intelligence. 4 It shall in particular ensure that from the recorded communications the service carrying out the communications intelligence: a. only
Section 7 Cable Communications Intelligence
Art. 39 General Provisions
1 In order to gather information about events outside Switzerland that are of significance to security (Art. 6 para. 1 let. b) and to safeguard additional important national interests in accordance with Article 3, the FIS may instruct the service carrying out the communications intelligence to record cross-border signals from cable-based networks. 2 If both the transmitter and the recipient are located in Switzerland, the recorded signals in accordance with paragraph 1 may not be used. If the service carrying out communications intelligence cannot separate such signals during the recording process, the data procured shall be destroyed as soon as it is established that it originates from such signals. 3 Data from recorded signals may only be passed on to the FIS if its content corresponds to the search parameters defined for the operation. The search parameters must be defined so that their application causes as little interference as possible in the private domain of persons. Details o
Art. 40 Authorisation requirement
1 Cable communications intelligence mandates require authorisation. 2 Before the FIS issues a mandate for cable communications intelligence it shall obtain the authorisation of the Federal Administrative Court and clearance from the Head of the DDPS. 3 The Head of the DDPS shall consult the Head of the FDFA and the Head of the FDJP beforehand.
Art. 41 Authorisation procedure
1 If the FIS intends to issue a mandate for cable communications intelligence, it shall file an application with Federal Administrative Court that includes: a. a description of the mandate to be issued to the service carrying out the communications intelligence; b. the reasons why the operation is necessary; c. details of the categories of search parameters; d. details of the operators of cable-based networks and the providers of telecommunications services that must supply the signals required to conduct the cable communications intelligence; and e. details of when the operation will start and finish. 2 The further procedure is governed by Articles 29–32. 3 Authorisation applies for a maximum of six months. This period may be extended for a maximum of three months in any given case in accordance with the same procedure.
Art. 42 Conduct
1 The service carrying out communications intelligence receives the signals from the operators and providers in accordance with Article 41 paragraph 1 letter d, converts them into data and assesses on the basis of the content which data is passed on to the FIS. 2 It shall only pass on data to the FIS that contains information within the search parameters defined for fulfilment of the mandate. It shall only pass on information about persons in Switzerland to the FIS if the information is required to understand an event abroad and has been anonymised beforehand. 3 If the data contains information about events in Switzerland or abroad that provides evidence of a specific threat to internal security in accordance with Article 6 paragraph 1 letter a, the service carrying out communications intelligence shall pass on the data unchanged to the FIS. 4 The service carrying out communications intelligence must destroy data that does not contain any information in accordance with paragraphs 2 and
Art. 43 Obligations of operators of cable-based networks and providers of telecommunications services
1 Operators of cable-based networks and providers of telecommunications services are obliged to provide the service carrying out communications intelligence or the FIS with the technical information required to carry out the cable communications intelligence. 2 If clearance has been given for an operation, operators of cable-based networks and providers of telecommunications services are obliged to supply signals to the service carrying out communications intelligence. They must remove any encryption that they have applied. 3 Operators of cable-based networks and providers of telecommunications services are obliged to preserve secrecy about operations. 4 The Confederation shall compensate operators of cable-based networks and providers of telecommunications services. The Federal Council shall regulate the level of compensation based on the cost of supplying the signals to the service carrying out communications intelligence.