Legal framework
The Committee's oversight of the services is primarily legally oriented, with a particular emphasis on matters that concern the protection of civil liberties and due process of law for private individuals.
A central aspect of the Committee's oversight activities is thus to ensure that the services keep their activities within the particular legislative framework to which they are subject, as well as general provisions, particularly those contained in laws and regulations.
Below is a brief outline of the regulatory framework that applies to the activities of the EOS Committee, as well as the activities of the EOS services. More information on the EOS services can be found here.
The EOS Committee
The activities of the EOS Committee are subject to the Act relating to the Oversight of Intelligence, Surveillance, and Security Services, also called the Act relating to the Oversight of Secret Services. (Read the English version of the act in the last pages of our most recent annual report here.)
The Norwegian Intelligence Service (NIS)
The Service is subject to the Act relating to the Norwegian Intelligence Service, often called the Intelligence Service Act.
The NIS' regulations regarding human rights and collaboration with other states "Instruks om etterretningssamarbeid med stater hvor det foreligger risiko for tortur eller annen grusom, umenneskelig eller nedverdigende behandling eller straff"
The Norwegian Police Security Service (PST)
The Police Act also applies to PST. The act's Chapter III A (Sections 17a through 17f) contains provisions relating to the service's organisation, tasks, and use of coercive measures for preventive purposes, i.e. methods such as wiretapping or room tapping, outside the scope of an investigation. In Norway, PST is the only service authorised to use such coercive measures for preventive purposes.
The Act relating to Legal Procedure in Criminal Cases, the Criminal Procedure Act, regulates PST investigations of criminal cases within the scope of the service, including so-called pre-emptive investigations. Most relevant for the Committee's oversight are the provisions in the Act's fourth section on coercive measures, which contain rules for and describe the use of various investigative methods.
A more specific and detailed legal framework for PST activities is contained in the Regulations concerning the Norwegian Police Security Service, issued by the Ministry of Justice.
The Act relating to the processing of personal data by the police and the prosecuting authority and the related regulations in Politiregisterforskriften is also regulating PST's activities.
The Regulations concerning the Administration of the Prosecuting Authority are relevant for PST's activities as well.
The National Security Authority (NSM)
The purpose of the Security Act - is
a) to secure Norwegian sovereignty, territorial integrity and democratic form of government and other national security interests
b) to prevent, disclose and counteract activities that threaten security
c) that security measures are implemented in accordance with fundamental principles of law and values in a democratic society
The Act sets out the mandate of NSM. The Security Act and its regulations are central to the Committee’s oversight of NSM and the Norwegian Defence Security Department (FSA).
The Security Act is also highly relevant for the other Norwegian EOS services.
Regulations relating to security clearance and other clearance gives supplementary rules about the conditions for being granted security clearance, the case processing of security clearance cases and authorisation cases for personell with security clearance.
Regulations relating to the protective security work of undertakings gives supplementary rules about how public and private entities, businesses and organisations which are subject to the rules of the Security Act, shall carry out protective security measures.
Regulation for cryptographic security regulates the use and protection of cryptographic systems.
The different guidelines from NSM in these areas are found at the NSM webpage.
The Norwegian Defence security Department (FSA)
The purpose of the Instruction on security service in the military sector is to facilitate effective security service in the Norwegian Armed Forces.
You can read more about the processing of personal data in the Norwegian Armed Forces here.
Legislation that applies to all services
The Instructions for the Collaboration between the National Intelligence Service and the Norwegian Police Security Service specifically aim to promote collaboration between the two services in the efforts to counter current threats and security challenges, as well as to ensure overall coordination between the two services. In addition, the instructions also aim to clarify areas of responsibility and procedures between the services. The instructions, inter alia, list prioritized areas of collaboration, guidelines for assistance on specific matters, and recommendations for flows of information between the two services. These collaborative instructions are, together with the respective legal bases for the two services, essential in the Committee's oversight of the legality of the collaboration between them.
Other relevant legislation
The provisions of, inter alia, the following legislation is also of significance for the oversight activities of the EOS Committee:
- The Penal Code
- The Personal Data Act
- The Human Rights Act, with appurtenant conventions
- The Public Administration Act
- The Freedom of Information Act.
- The Archives Act