Post and Telecommunications Surveillance Service

The PTSS: an overview

When investigating serious offences, the federal and cantonal law enforcement authorities can order measures to conduct surveillance of postal and telecommunications activity. Since the 1st September 2017, the Federal Intelligence Service (FIS) has also been authorised to order surveillance measures from the Post and Telecommunications Surveillance Service (PTSS) in case of a threat to Switzerland’s internal or external security. Since the 1st January 1998, the PTSS has been responsible for carrying out these measures in a legally compliant manner and in accordance with the rule of law. The authorities make a request for data to the PTSS, which obtains the data from the telecommunications service providers (TSPs); this is then passed on to investigators for analysis. The service also ensures that the applicable legislation is observed and that the public’s fundamental right to privacy is protected. The PTSS acts independently and autonomously and is not subject to directives from other authorities. It is affiliated for administrative purposes to the IT Service Centre of the Federal Department of Justice and Police (ISC-FDJP).

Neither crime nor modern telecommunications recognise territorial borders, so international cooperation plays an essential role in the fight against crime. The PTSS works to promote international standardisation and the exchange of knowledge and information with our counterparts abroad.
 

The PTSS is organised into three sections, each of which is now divided into three teams.

PTSS management team
The PTSS management team (from left to right):  Jean-Louis Biberstein (Deputy Head of the PTSS / Head of the Legal Affairs and Controlling Division), Daniela Schär (Head of the PTSS), Michael Galliker (Head of the Surveillance Management Division) and Alexandre Suter (Head of the Provider Management Division)

Legal Affairs and Controlling

The Legal Affairs and Controlling Division is responsible for the legal and operational framework of the PTSS’s work. The team is tasked with drawing up the necessary legal framework to ensure that telecommunications surveillance is correctly conducted. This safeguards the public’s right to privacy and is a key requirement in ensuring that the data gathered can be used in court. The Legal Affairs and Controlling Division is split into three teams: Legislation, Controlling and Administrative Criminal Proceedings.

The Legislation Team is responsible for the entire legislative process at the PTSS. This includes implementing legislative projects for all ordinances relating to postal and telecommunications surveillance. For example, the FDJP Ordinance on the Implementation of Post and Telecommunications Surveillance (OI-PTS) is reviewed periodically and amended if necessary. In many cases, this involves adapting ordinances to reflect the latest technological changes. This team is also responsible for representing Switzerland and participating in national and international standardisation bodies. In addition, it provides in-house advice and support in all proceedings involving the administration of justice. Staff respond to media enquiries and handle requests for information from the public. Training administration is now also the responsibility of the Legislation Team.


The Controlling Team performs cross-cutting functions for the PTSS, including financial management, controlling and reporting. It issues invoices to law enforcement authorities and the FIS and makes compensation payments to TSPs. Legal project support as well as risk and process management also fall within the team’s remit. This team also includes the information security officer and the data protection officer for the organisational unit.

The Administrative Criminal Proceedings Team exercises the PTSS’s administrative criminal law competences and conducts proceedings on behalf of the service. In so doing, it acts independently and is not subject to directives from other authorities. More information about the Administrative Criminal Proceedings Team can be found here.

Provider Management

The Provider Management Division is responsible for all matters relating to cooperation between the PTSS and persons and entities obliged to cooperate with it. The division has supervisory authority over the latter and responsibility for application of the processing system, including all PTSS applications. Its staff also manage relationships with some 1,000 providers, advise them on technical and legal matters, and issue related orders and decisions within the scope of their supervisory authority. The division’s remit also includes sharing information and knowledge with other departments in Switzerland and abroad. The Provider Management Division is spilt into three teams: Compliance and Supervision, Special Cases and Systems.

The Compliance and Supervision Team is responsible for maintaining relations with persons and entities obliged to cooperate with the PTSS. This includes advising them on legal, technical, organisational and administrative matters. Under the SPTA, TSPs must at all times be able to conduct surveillance of the services they offer and to provide the associated data and information, unless they are legally exempted from the obligation to do so. The Compliance and Supervision Team verifies this capability to carry out surveillance and provide information (known as the compliance procedure). The team also exercises the PTSS’s supervisory authority over those required to cooperate with it.

For TSPs that are not themselves able or legally required to do so, the Provider Management Division develops and operates tailor-made solutions for implementing surveillance measures. These cases are handled by the Special Cases Team. It is involved when, for example, a small provider such as a local cable network operator or a hotel is required to conduct surveillance activities. This team is responsible for developing and operating all customised and complex surveillance measures. Within this framework, it also manages operational projects for the PTSS.

The Systems Team is tasked with ensuring the smooth functioning of data processing system applications. It oversees the operation and further development of components. Supplier, test and release management is also part of its remit.

Surveillance Management

The Surveillance Management Division handles the PTSS’s interaction with law enforcement authorities and the FIS. It takes care of operational business, specifically order processing, consulting and incident management. Together with the IT Service Centre ISC-FDJP, its staff are the single point of contact in case of problems with the processing system or other difficulties experienced by users. This division is also involved in the development of new applications. The Surveillance Management Division is split into three teams: Consulting and Assignment Management, Requirements Management and Incident Management.

The Consulting and Order Management Team advises police forces, public prosecution services, compulsory measures courts and the FIS on legal, technical, organisational and administrative matters. It examines, processes and monitors surveillance orders, emergency searches and searches for wanted persons. Staff receive surveillance orders, which they subject to a formal check before passing them on to the TSPs. They then ensure that law enforcement authorities receive the data supplied by the TSPs. The team also processes requests for information.

The Requirements Management Team is responsible for the further development of the telecommunications surveillance processing system. It ensures that the system is adapted to the changing requirements of users and to changes in processing and analysis capabilities. With its expertise, the team supports the planning and steering of all mission-critical IT projects. It is also responsible for project management and architecture in connection with brand-new initiatives.

The Incident Management Team deals with problems affecting data transmission in operational business. It also offers technical advice in complex cases.

Outside office hours, Surveillance Management provides standby cover with the technical support of the Provider Management Division in particular. As such, the PTSS is available around the clock.

 

Last updated: 13.03.2024 - 14:48