The way the courts deal with an application by PST to use certain methods requires the judge and defence to examine material related to PST cases that are active. The EOS Committee’s duty is to monitor our activities, and they therefore are given considerable access. PST also receives many queries from third parties, especially journalists, who would like information relating to current cases.
Judicial access
In order to be able to carry out effective monitoring of PST’s work when we request a warrant for the use of special methods (coercive measures), the court must be given access to material related to the matter in question. The judges who consider the applications submitted by us will therefore always have security clearance to an extent that enables them to receive classified information.
Disclosure to Counsel for the defence
Pursuant to the Criminal Procedure Act, PST in most cases carries out covert investigations. Section 100a of the Criminal Procedure Act stipulates that when PST submits an application to use certain investigative methods, the court shall appoint Counsel to act in the interests of the suspect in connection with the court’s consideration of the application. Counsel must not communicate with the suspect, and shall preserve secrecy about all matters relating to the case and the method applied in the case. Access to classified information requires Counsel to have security clearance.
Disclosure to the EOS Committee
The EOS Committee is appointed by the Norwegian Parliament to monitor the intelligence, surveillance and security services in Norway. The Committee therefore continually monitors PST’s work. The Act relating to the Monitoring of Intelligence, Surveillance and Security Services stipulates that in order to perform its duties, the Committee may demand to inspect and have access to the public administration’s (in this case PST’s) files and databases, premises, installations and facilities of every description. The EOS Code of Practice notes further that the Committee shall abide by the principle of post-event monitoring, but shall nevertheless be able to demand access to and comment on cases that are still active.
Disclosure to others
Generally, members of the public are not allowed to inspect material relating to PST cases. Through their monitoring function, the EOS Committee shall fulfil the general public’s requirement for access to PST material. The duty of secrecy by which PST employees are bound limits our ability to disclose information to the press and other third parties.