Commentaries: Art. 27

The FIS may order an information gathering measure requiring authorisation if:
1. there is a specific threat in terms of Article 19 paragraph 2 letters a–d or the measure is required to safeguard other important national interests in accordance with Article 3;
2. the seriousness of the threat justifies the measure; and
3. intelligence investigations so far have been unsuccessful or would otherwise be without prospect of success or unreasonably difficult.
The FIS shall obtain the authorisation of the Federal Administrative Court and clearance from the Head of the DDPS before carrying out the measure.
If other federal and cantonal agencies are required to participate in carrying out the measure, the FIS shall issue them with a written order as soon as the authorisation of the Federal Administrative Court and clearance from the Head of the DDPS is granted. The information gathering measure must be kept secret.