Oversight purpose
The purpose of the oversight carried out by the EOS Committee is primarily that of making sure the EOS services safeguard the security of individuals under the law, particularly in terms of protecting their civil liberties and guaranteeing due process of law. The Committee must further clarify whether any, and ensure that no, individual is subjected to unjust treatment and ensure that the EOS services do not make use of more intrusive methods than necessary under the circumstances.
Furthermore, the Committee shall see to that activities carried out by the services in question do not unduly harm or impede civic life, and it is also committed to carrying out general oversight of the legality of the EOS services, as they are required to keep their services within the framework of statutory law, regulations, and non-statutory law, as well as government directives that apply to these services.
The Committee has, in principle, unlimited access to the services’ archives and registers, and there are few limitations on the manners in which the Committee may carry out its oversight duties. However, the underlying premise is that the Committee does not request access to classified information to a greater degree than is necessary under the circumstances, and the Committee must further take national security interests and the nation’s relations with foreign states into consideration in exercising their supervisory authority. A certain level of caution in overseeing the EOS services is thus recommended.
The statutory provisions that apply to EOS services authorise the individual services to implement various measures toward citizens. These measures must conform to requirements established in national legislation, but they must also conform to provisions in international law, established to protect civil liberties. In Europe, the European Convention on Human Rights (ECHR) is central to the preservation of human rights. In 1999, this convention was incorporated into Norwegian law, and in the event of conflicting provisions, this shall take precedence over other national legislation. Central to the area of operation for EOS services is Article 8 of the ECHR, relating to the right to respect for private and family life, but Article 10, relating to the right to freedom of expression, and Article 11, relating to the right to freedom of assembly and association, are also highly significant in this field.
In order to prevent steering the services, a certain threshold must be reached before the Committee may criticise the services’ discretion in specific matters. The Committee’s responsibilities are associated with oversight only, which is why the Committee may not instruct the EOS services or be consulted by them as part of the decision-making process.
