Oversight activities
The Committee exercises its oversight authority in three different ways:
· Inspections
· Investigating complaints
· Investigating matters raised on the Committee’s own initiative
The Committee has a broad right to inspect the public administration’s archives and registers and an equivalent right of access to government premises and installations of all kinds. This is necessary in order to enable the Committee to perform its oversight responsibility. The Committee may summon employees of the EOS services and other employees in the public administration and private persons to give evidence orally to the Committee. The Committee may also require evidence to be taken in court. The Committee is furthermore entitled to seek expert assistance in oversight activities when deemed appropriate. This is done to a certain extent within the field of data communications and telecommunications, particularly in overseeing the Norwegian Intelligence Service.
A central aspect of the Committee’s oversight activities is carrying out inspections, and the minimum number of inspections to be carried out in the various services has been established by Section 11 of the EOS Instructions. The Committee shall inspect the headquarters of the PST six times a year, the NSM four times a year, the NIS twice a year, and the DSD three times a year. In addition, the local units of the services shall also be inspected regularly, which means a minimum of four annual inspections of local units of the PST, two local service units of the NIS and/or intelligence/security services associated with military staff or military divisions, and the personnel security services of at least two ministries/public offices.
If necessary, additional inspections may be carried out as well. The Committee has, on this basis, increased the number of inspections in the Norwegian Intelligence Service to three times a year.
Services are given prior notice of inspections, but the Committee may also carry out inspections unannounced. Inspections usually begin by having the service brief the Committee on relevant conditions and activities that have taken place since the last inspection. In addition, the Committee will, in advance, inform the service of one or more topics it wants clarified during the inspection. Briefings are usually followed by questions from the Committee, which serve as a basis for discussion between the Committee and the service. Later on, the Committee will inspect the service’s archives and registers. Documents reviewed by the Committee during these inspections are often handpicked by the Secretariat in advance, based on an assessment of what appears to be relevant and of interest for the Committee in its oversight capacity. The Committee also regularly requests that the service take out random samples on the basis of criteria provided by the Committee in advance of the inspection. In addition, the Committee will carry out spot checks in the manual and electronic archives and registers on site.
In inspecting the PST, the Committee’s main focus is the criteria used in the registration of individuals for preventive purposes, the disclosure of personal information to collaborative partners, as well as the procedures for updating and restructuring the registers in general. The oversight further covers the service’s investigative activities, including oversight of the use of various coercive measures, such as wiretaps.
The Committee’s foremost responsibility in inspecting the NSM and other security clearance authorities is to oversee processing and decisions in matters concerning security clearance. During NSM inspections, the Committee is routinely presented with all complaint decisions where the complaint was denied. In addition, the Committee regularly carries out random checks of decisions to deny or revoke clearance in cases where no complaint was lodged.
DSD inspections primarily focus on security clearance issues, but the service’s responsibilities associated with security intelligence in the Armed Forces also represent a key aspect of the Committee’s oversight activities here.
In inspecting the Norwegian Intelligence Service, a primary concern for the Committee is to make sure that the provisions of the Intelligence Service Act prohibiting covert procurement of information on Norwegian citizens in this country are abided by, and that the service is subject to national oversight.
Much of the information the Committee receives in its oversight capacity and in investigating complaints is classified, i.e. subject to secrecy on grounds of national security interests. The Committee cannot disclose classified information. This sets clear limitations on the type of information the Committee may provide to complainants concerning its investigations and the results thereof. More information on Committee procedures in the investigation of complaints can be found here.
