COMPLAINTS
SPECIAL INTELLIGENCE METHODS
HYPOTHETICAL CASE
Believing he was the victim of illegal wiretapping by GISS, a complainant submits a complaint. Wiretapping is a technique that falls under the special intelligence methods (SMI) and is an intrusive method used under strict conditions and in accordance with the principles of proportionality and subsidiarity.
Unless the complaint is inadmissible or manifestly unfounded, the Committee will open an investigation that will examine any method used by GISS in light of the principles of legality, proportionality and subsidiarity.
Considering that GISS did subject the complainant to wiretapping, the Committee will examine the legality of this method. If the method is found to be illegal, the Committee will order its immediate termination, prohibit the use of data collected using that method, and order that they be destroyed. If, however, the use of the method is deemed to be legal, the complaint will be declared unfounded.
The complainant will be informed of the results of the investigation in general terms.
The Committee monitors the legality of special intelligence methods. To this end, it is responsible for handling complaints concerning a special intelligence method used by State Security or GISS that concerns the complainant.
Who can lodge a complaint?
Anyone who can prove a personal and legitimate interest can lodge a complaint. This is the person directly targeted by the method being reported.
Formalities to be observed
Complainants must submit their complaints in writing, specifying their grievances.
Complaints can be submitted using the online form or sent by email or by post.
Handling of the complaint
1. Preliminary examination
The Committee will subject the complaint to a preliminary examination to decide whether it falls within its remit.
If the complaint is not admissible, or is declared manifestly unfounded, the Committee will inform the complainant of its decision in writing. If necessary, the Committee can refer the complainant to another body or competent service.
2. Investigation
If the Committee declares the complaint admissible, it will open an investigation into the matter.
The Committee has extensive powers. In particular, it may interview the head of the intelligence service concerned and the members of the intelligence services which have implemented the special method. At their request, the complainant and their lawyer will be interviewed by the Committee.
While a complaint is being handled, the complainant and their lawyer may consult the file at the offices of the Committee, for five working days. The file accessible to the complainant and their lawyer – i.e. redacted of classified information – makes it possible to ascertain the legal framework underpinning the use of a specific or exceptional method of data collection, the nature of the threat and the degree of seriousness which justified the use of the specific method and, finally, the type of personal data collected during the use of the method, insofar as these data relate only to the complainant.
3. Closure of the complaint
If the Committee finds that decisions relating to specific methods are unlawful, it will order the cessation of the method in question or prohibit the use of data collected using that method, and order that they be destroyed.
The Committee will inform the complainant in writing of the closure of the case. Regardless of the results of the investigation, the Committee is restricted in terms of the information it may share with the complainant, for reasons of classification. The complainant will therefore always be informed of the results of the investigation in general terms.