Switzerland: Police surveillance powers
01 July 1995
Police powers under the new law on the protection of internal security passed by the Swiss parliament, introduced by Arnold Koller, Minister of Justice, were extended by the States Council to bring in extensive surveillance powers.
The draft Bill already abolished the right of data subjects to see the files held on them and made it mandatory for cantonal authorities to pass information to Federal state security. Data subjects "won" the right to see their files in the aftermath of the "secret files scandal" six years ago when it was revealed that state agencies maintained files on nearly one million people. The States Council voted 32 to 2 against a proposal to abolish the political police and then removed the "right" to see the files. Catherine Weber, from the "Komittee Schluss mit dem Schnüffelstaat" (Committee Against the Prying State) commented:
"Over 30,000 people have seen their files. This new law stops this completely. You will never know if a file is being held on you."
The States Council, by 21 to 1, effectively added to the new law by removing the restriction on "bugging" - phone taps, mail-opening and planting "bugs" in homes and offices. The Director of the proposed "Federal Office of internal security" will be empowered to authorise surveillance, without a court order, if there is a "serious threat to the internal security of Switzerland". Paul Rechsteiner, a Social Democrat MP, said the law is a threat to privacy: "Anyone standing up for Kurdish refugees, or dealing - or merely presumed to be dealing with - members of the PKK (Kurdish Workers Party) must assume that they are subject to electronic surveillance".
The government followed up these measures with the publication on 7 July by the Federal Department of Justice and Police of a new draft bill on undercover agents. The bill would give cantonal police as well as Federal police the power to infiltrate agents to combat organised crime (drug trafficking, smuggling of nuclear material, arms sales and espionage). Critics says this will legitimate police practices. The bill does not provide for infiltrating agents into political groups but as "organised crime" is also covered by the law on the protection of internal security the possibility remains open.
Komittee Schluss mit dem Schnüffelstaat, Bern, Switzerland.