Oversight framework of intelligence services
Representative participates in all meetings of the
Control Panel, Trust Panel and G10 Commission. These
provide the office with a source of information that the
member of these bodies do not have. The Permanent
Representative supervises the staff working for the
Control Panel and the G10 Commission.
“Oversight is not lack of trust, but willingness to clarify.”
(Parliamentary committee)
Sweden does not have a specialised parliamentary
committee to oversee its intelligence services. The
work of the intelligence services does, however, fall
within the remit of two standing committees within
the parliament: the Committee on Justice and the
Committee on Defence. The government must present
annual reports to the parliament on the protection
of individual persons’ integrity in relation to defence
signals intelligence activities. These annual reports
are reviewed by the Parliamentary Committee of
Defence (Försvarsutskottet) before it is accepted by
parliament.244 The Committee on the Constitution is also
relevant in this context as it is responsible for the areas
of fundamental rights, data protection and privacy.245
8.4. Expert bodies
Table 2 lists the various expert oversight bodies
established in the Member States. It does not include
DPAs, but only the bodies specialised in intelligence
matters. Across the EU, 16 Member States have set up
one or more expert bodies exclusively dedicated to
intelligence service oversight.
All five Member States with detailed laws on general
surveillance of communications have established one
or more expert bodies to oversee this capacity of the
intelligence services. However, their mandates are not
always comparable. The 2015 FRA report describes
their powers. 246 The following paragraph focuses on
changes since 2015.
In the Netherlands, the 2017 reform splits the existing
CTIVD into two sub-committees: one performing general
oversight by conducting investigations and another
handling complaints lodged by individuals. The general
oversight sub-committee consists of three members,
including the chair (also chair of the entire CTIVD),
nominated by the responsible ministers for 6 years with
once-renewable mandate. The complaints-handling
sub-committee consists of a chair and two additional
244 Sweden, Parliamentary communication (Riksdagsskrivelse
2007/08:266) on the Government Bill “Adaptation of
Defence Intelligence Activities” (Proposition 2006/07:63, En
anpassad försvarsunderrättelseverkamhet), 8 March 2007.
245 Sweden, Parliament, The 15 parliamentary committees.
246 FRA (2015a), p. 41 and following.
members. At least two of the members of CTIVD the
general sub-committee and all members of the complaints
sub-committee of the must hold a master’s or doctoral
degree in law.247 Currently, the CTIVD is assisted in its work
by a staff of 12 persons: the secretary to the Committee,
eight review officers, one IT expert and two secretaries,248
but the Committee will receive an increased budget to be
able to implement the new legislation.249
In the United Kingdom, the Investigatory Powers
Commissioner and the Judicial Commissioners must hold
or have held a high judicial office.250 The number of staff
provided to the Judicial Commissioners is subject to the
approval of the Treasury, and is provided by the Secretary
of State.251 The Investigatory Powers Commissioner’s
Office will consist of around 70 staff. This will be
made up of around 15 Judicial Commissioners, current
and recently retired High Court, Court of Appeal and
Supreme Court Judges; a Technical Advisory Panel, of
scientific experts; and almost 50 official staff, including
inspectors, lawyers and communications experts.252
The Investigatory Powers Commissioner has already
secured access to in-house legal advice and identified
independent standing counsel to facilitate performing
his functions, in line with an agreement made with
the UK government when the body was set up. The
commissioner will have the flexibility to ‘buy in’
whatever advice he needs at any given time.253
In Germany, the G10 Commission carries out expert
oversight for matters relating to targeted surveillance
and strategic surveillance under the G10 Law. The
G10 Commission is supported by the same secretariat
(13 persons in 2016) that works for the Parliamentary
Control Panel. With the reform of the PKGrG in 2016, the
secretariat, under the management of the Permanent
Representative, will be strengthened.254 The reform of
the BND Law on foreign-foreign surveillance established
a new body in charge of approving such surveillance
measures: the Independent Committee (Unabhängiges
Gremium). 255 At the time of writing, the Independent
Committee was not yet operational, although its
members have been appointed, five supporting staff
247 The Netherlands, Act on the Intelligence and Security
Services 2017 (Wet op de inlichtingen- en veiligheidsdiensten
2017), Art. 97-99.
248 The Netherlands, CTIVD (2017), p. 35, and CTIVD, webpage
on members and staff.
249 The Netherlands, General States (Staten-Generaal) (2017),
Parliamentary Document 34588, Nr. 67, 2 May 2017.
250 United Kingdom, Investigatory Powers Act, s. 227 (2).
251 Ibid. s. 238 (2).
252 United Kingdom, IPCO website.
253 United Kingdom, House of Lords (2016), Transcripts of
debate on Investigatory Powers Bill, 17 October 2016,
Volume 774, Column 2170.
254 Germany, Federal Parliament (Deutscher Bundestag) (2017b),
p. 1319.
255 Germany, BNDG, S. 16.
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