Commentaries: Art. 29

Where the FIS intends to order an information gathering measure requiring authorisation, it shall submit an application to the Federal Administrative Court with:
1. details of the specific objective of the information gathering measure and the reasons for its necessity and an explanation of why investigations have so far been unsuccessful, would be without prospect of success or would be unreasonably difficult;
2. details of the persons who will be affected by the information gathering measure;
3. a precise description of the information gathering measure and details of its statutory basis;
4. details of any other agencies that it is intended to instruct to carry out the information gathering measure;
5. details of when the information gathering measure will start and finish and the deadline by which it must be carried out;
6. the files required for granting authorisation.
The president of the competent division of the Federal Administrative Court shall issue as a single judge a decision with a brief statement of reasons within five working days of receipt of the application; he or she may delegate this task to another judge.
The president of the competent division of the Federal Administrative Court shall not authorise a requested information gathering measure if that measure has already been authorised in connection with criminal proceedings against the persons concerned in accordance with paragraph 1 letter b and the criminal investigation is connection with a specific threat that the FIS information gathering measure is intended to clarify. The competent courts responsible for compulsory measures or the Post and Telecommunications Surveillance Bureau shall provide the Federal Administrative Court with the required information.
The president of the competent division of the Federal Administrative Court may require a hearing of representatives of the FIS as part of the decision-making process.
He or she may grant authorisation subject to conditions or request further files or further investigations.
Authorisation applies for a maximum of three months. This period may be extended in any given case by a maximum of three months.
If an extension is required, the FIS shall file a substantiated application for an extension in accordance with paragraph 1 before the authorised period expires.
The president of the competent division of the Federal Administrative Court shall prepare an annual report for the attention of the Control Delegation (CDel).