Federal Administrative Court has ruled: Fedpol spyware is a state secret

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The developer of this controversial software is the Israeli technology company NSO Group. The lawyer filed his application in mid-August 2021, following revelations on Swiss radio and television about the use of Israeli spy software by the criminal justice system and the federal intelligence service.

The Federal Bureau of Police (FedPol) refused to release information about a possible contract with companies offering surveillance programs of the “GovWare” type. This is evident from a ruling published on Friday by the Federal Administrative Court.

FedPol cited public interests, including Switzerland’s internal and external security. The Federal Administrative Court supports this and publishing 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 program’s capabilities.

The judges in St. Gall recognize that there is a strong public interest in knowing whether the software purchased by Switzerland is actually Pegasus – especially given revelations that some states are using it to target opposition figures, journalists or foreign leaders. But the announcement could hamper the work of the judiciary.

The court added that the use of such a surveillance program is strictly regulated under Swiss law. Its use is only permitted if there is a suspicion of a crime or a threat to national security. In addition, the cantonal and federal public prosecutor’s offices kept annual surveillance statistics for the Postal and Telecommunications Supervisory Service.

The decision of the Federal Administrative Court can be appealed to the Federal Court. (Judgment A-1310/2022 of 9 January 2024)

(SDA)

Source:Blick