Swiss Intelligence Must Disclose Some Facial Recognition Documents

The Federal Intelligence Service (NDB) has been ordered by the Federal Administrative Court to disclose documents concerning its use of facial recognition software. This decision comes after the digital rights group 'Digitale Gesellschaft' filed a request under the Public Information Act. While the court partially sided with the group, granting access to some information, it has upheld the intelligence service's right to withhold critical details.

The core of the dispute lies in the interpretation of 'information procurement' under the Intelligence Service Act. The NDB argued that the software's functions, which include searching existing data and enabling new insights, fall under this exemption, thus shielding the documents from public disclosure. They contended that separating data procurement from data processing is impossible and that releasing the documents would jeopardize national security.

However, the court broadened the definition of 'information procurement' to encompass all data processing activities by the NDB, regardless of their legality. This nuanced ruling means that while some operational and technical details might become public, the NDB can still classify information deemed vital to national security. This case highlights the ongoing tension between transparency and national security in Switzerland, particularly regarding advanced surveillance technologies.

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Er schliesst zusätzlich zur Beschaffung von Daten auch die gesamte weitere Datenbearbeitung durch den NDB mit ein