Preventive surveillance by Switzerland’s Federal Intelligence Service (FIS)

Preventive surveillance plays an increasingly central role in intelligence practices across democratic states, including Switzerland. While the Swiss Federal Intelligence Service (FIS) operates under a legal framework that purports to respect democratic oversight and human rights, important concerns remain regarding the scope, proportionality, and accountability of such measures. Against this backdrop, Nicolas Conti (University of Geneva) offers a critical analysis of Switzerland’s system of preventive surveillance. He will examine the surveillance tools available to authorities, the categories of individuals who may be targeted, and the division of roles between administrative and criminal authorities. The talk will also engage with relevant case law of the European Court of Human Rights to assess the compatibility of the Swiss model with international human rights standards. By highlighting systemic vulnerabilities and legal ambiguities, the presentation aims to stimulate a critical discussion on the implications of preventive surveillance for the rule of law in democratic societies.

The talk will be followed by a discussion, opened up by Dr. iur. Armin Stähli, senior researcher at the University of Zürich.

Nicolas Conti is a doctoral researcher and PhD-candidate at the University of Geneva’s Department of Public Law. In his research, Nicolas examines the scope to which the Swiss Federal Intelligence Service (FIS) may use preventative surveillance mechanisms in response to security challenges, which often goes at the expense of individual freedoms.

Dr. iur. Armin Stähli is a senior researcher at the University of Zürich. His work focusses on the Swiss security architecture and the impact of ECtHR case law.