The Norwegian Defence Security Department (NORDSD) (in Norwegian: Forsvarets sikkerhetsavdeling, acronym: FSA) is a joint security and counter-intelligence military intelligence service within the Norwegian Armed Forces. Its members are a mix of civilian employees and military personnel. The head of the service holds the military rank Colonel or (naval) captain.
Role and responsibility
NORDSD's primary responsibility is protective security and operative security services within the Armed Forces, including responsibilities related to the Norwegian Armed Forces security intelligence. NORDSD shall, on behalf of the Chief of Defence, Norwegian Armed Forces (CHODNOR):
Counteract security threats, and threats associated with espionage, sabotage and terrorist acts that may affect military activities and/or national security. Conduct background checks, (the vetting process) to determine if security clearance can be given to military personnel who apply for access to classified information. Act as the Designated Security Authority in Norway for the "request for visit" system, by controlling both visits of foreign nationals to the Norwegian Armed Forces or Norwegian defence industry, and issue Norwegian citizens with a certificate of security clearance when visiting other nations where valid security clearance is required. Liaise with the Norwegian Police Security Service in cases that involve the Armed Forces.
NORDSD does this by collecting and assessing information regarding security risks and weaknesses within the Norwegian Armed Forces, to analyze and recommend which counter-measures must be taken.
NORDSD is the largest security clearance (vetting) authority in Norway and handles approximately 20,000 security clearance cases annually.
Rule of law and legal mandate
Within any democratic and transparent nation, the rule of law and Rechtsstaat principle of regulating executive powers is fundamental. The Norwegian Constitution, Article 99, forbids the use of military personnel and powers against the citizens unless warranted by act of parliament or insurrection. Article 110c forbids any executive action that is a violation of human rights.
Only the Norwegian Police Security Service (PST), the Norwegian Intelligence Service (ETJ) and the Norwegian National Security Authority (NSM) are defined as "secret services" and given special executive authority by separate acts of parliament.
Since no special executive authority is given, the rule of law principle strongly limits NORDSD to only operate within the Armed Forces. Therefore, all actions or counter-measures must have a legal basis in:
The general provisions of the Protective Security Act, The Defence Secrets Act, The Military Criminal Justice Act and the Military Police powers act. Common law / Chain of command authority within the Norwegian Armed Forces International treaties/agreements concerning military security regulation through Norway's membership of NATO.
Oversight
As a result of lessons learned by the surveillance scandals after the end of the Cold War, several fail-safe mechanisms are in place to prevent future breaches of human rights and illegal surveillance. NORDSD is under the direct oversight of the legislative and executive branches in Norway.
The legislative branch exercises its control through the Norwegian Parliamentary Intelligence Oversight Committee, (EOS-committee), which is an independent watch-dog that has monitored NORDSD activities since 2003. The service was elevated to be one of the 'main inspection objects' (the Norwegian secret services are the others), in 2009. In all of the EOS committee's annual reports to the Stortinget (the Norwegian Parliament), all deviation from what the committee deems to be good standards has, with the rule of law or human rights, been exposed and correctly criticized. These reports are available to the public on the EOS-committee website.
