No information about spyware used by Swiss Federal Police
A lawyer will not be granted access to the contract for Israeli spy software used by the federal police and intelligence service. This was decided by the Federal Administrative Court. The lawyer suspects that the spyware in question is Pegasus.
The developer of this controversial software is the Israeli technology company NSO Group. The lawyer submitted his application in mid-August 2021, in the wake of revelations by Swiss radio and television about the use of Israeli spyware by the criminal justice system and the Federal Intelligence Service.
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The Federal Office of Police (FedPol) refused to disclose information about a possible contract with companies offering “GovWare” surveillance programmes. This is the result of a judgement by the Federal Administrative Court published on Friday.
The FedPol invoked public interests, including Switzerland’s internal and external security. The Federal Administrative Court supports this. The publication of the contract would provide information about the provider and the type of spyware. Based on this information, the targeted criminals would be informed about the possibilities of the programme.
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Strictly limited use
The judges in St Gallen recognise that there is a significant public interest in knowing whether the software purchased by Switzerland is actually Pegasus – especially in light of revelations that it is used by some states to target opposition figures, journalists or foreign leaders. But the disclosure could hinder the work of the judiciary.
The court adds that the use of such a surveillance programme is strictly regulated by Swiss law. Its use is only permitted if there is suspicion of a criminal offence or a threat to national security. In addition, the cantonal and federal public prosecutor’s offices keep annual surveillance statistics for the Post and Telecommunications Surveillance Service.
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The decision of the Federal Administrative Court can be appealed.
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