Stages of processing
Admission for investigation
The Intelligence Ombudsman will investigate a complaint falling under the Ombudsman's purview if there is cause to suspect that the law has been broken in the intelligence activity or if the Ombudsman considers it necessary for some other reason.
The preliminary assessment of the grounds for a complaint is usually made on the basis of the information included in the letter of complaint. If necessary, additional information can be requested from the complainant or obtained from the authority subject to supervision in order to assess the justification of the complaint.
The Intelligence Ombudsman may transfer a complaint falling outside its purview to the competent authority. If a complaint falls under the Intelligence Ombudsman's purview as such, but another authority would be better suited for its processing, the Ombudsman may transfer the matter to the authority in question.
The processing of an investigation request begins with obtaining information from the authority subject to supervision to determine whether the person who filed the investigation request has been subjected to an intelligence gathering method.
When a complaint is admitted for investigation, the Intelligence Ombudsman acquires the information and reports deemed necessary. The same applies to an investigation request if it turns out that the person who filed it has actually been subjected to an intelligence gathering method. Before deciding on a complaint or investigation request, the Intelligence Ombudsman affords the supervised authority the opportunity to be heard on the matter if there is reason to believe that there may be grounds for criticising the supervised authority’s conduct. The complainant or person who filed the investigation request may be given the opportunity to issue a rejoinder to the authority's report.
A written decision is issued on the complaint or investigation request and delivered to the complainant or person who made the investigation request.
The publicity of intelligence activities and parties' right of access are subject to the Act on the Openness of Government Activities, and the parties' right of access is also provided for in specific provisions in the intelligence legislation. In connection with the processing or decision-making of a complaint or investigation request, the Intelligence Ombudsman may only disclose to the complainant or the person who made the investigation request information to which they are entitled by virtue of the publicity of the information or the parties' right of access.
A decision issued on a complaint or investigation request is not subject to appeal.