Politiets Efterretningstjeneste - Danish Security and Intelligence Service Til forsiden
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STATUTORY PROVISIONS REGARDING POLITIETS EFTERRETNINGSTJENESTE (PET) DATED 9 MAY 1996

I. The objective of PET

The objective of PET is to monitor, prevent and counter undertakings and acts which are presumed to present a threat to the independence and safety of the lawful order of society, including primarily the offences as stated in the Danish Penal Code Chapter 12 (Offences against the Independence and Safety of the State) and Chapter 13 (Offences against the Constitution and the Supreme Authorities of the State etc.).

I. The organisation of PET

The management and responsibility for carrying out the tasks that the Minister of Justice has assigned to PET rest on the Director of the Service.

The Director of PET is obliged to at any time keeping the Minister of Justice directly informed of all matters of importance to the national security and in general of all matters of major importance to the activities of the Service, including all important single issues and contacts with national as well as international authorities.

I. The tasks of PET

The responsibilities of the Service follow from the above specified objective and comprise primarily the following tasks:

1. Investigation regarding the offences as stipulated in Chapters 12 and 13 of the Danish Penal Code, including hereunder:

A. Foreign intelligence activities

Any action that attacks or threatens the safety of the state, as according to Chapter 12 of the Danish Penal Code, including particularly the illegal intelligence activities of foreign powers or organisations, in accordance with Sections 107 and 108 of the Danish Penal Code.

Investigations in this respect - like in general - must be carried out with all due respect for diplomatic and journalistic activities as well as for legal political enterprise.

A. Extremism

The actions of extremist groups that attack or threaten the national safety of the state and the democratic public order or which obstruct or undermine the duties of the democracy, as according to Chapter 13 of the Danish Penal Code, particularly Section 114.

A. Terrorism

Serious crime or the threat of any such serious crime, which - usually with an allegedly political motive - is used as a means of enforcing claims on authorities or private individuals or to bring about disturbances of the public order.

A. Organised serious crime

Organised crime that in its gravity of the offence, with its international relations or through its purpose threatens the safety of the state or the public order, or which obstructs or undermines the duties of the democracy, as according to Chapter 13 of the Danish Penal Code, particularly Sections 114 and 118.

E. International weapons trade etc.

Serious cases regarding the violation of the offensive weapons act, particularly when it is feared that the crime is organised.

A. Proliferation

Illegal spread of products and technology to be used for weapons production etc., including in particular weapons of mass destruction.

A. International embargoes

Violation of international embargoes etc., as in accordance with Section 110c of the Danish Penal Code, particularly where the cases are assumed to be of intelligence interest.

2. Security advice and counselling

PET provides advice and counselling to public authorities regarding security issues including computer security. Similar advice and counselling can be rendered to private individuals if it is of public interest to protect.

The advice and counselling includes the planning and implementation of measures to safeguard against espionage, sabotage, infiltration etc., in accordance with particularly the Prime Minister’s Office Circular of 1 November 1986 regarding protection of information of common interest to NATO countries or other information of interest in terms of security and protection.

Upon request from the specific ministry or agency in question, PET carries out vetting inquiries on individuals who require access to classified documents (security clearance). Classified information must only be passed upon an actual assessment of the importance of the information to the vetting inquiry. Cases regarding passing on of derogatory information must be presented to the parliamentary Control Committee regarding the registration and passing of information as in accordance with the specific regulations of 8 June 1964 as laid down for this committee.

3. Personal protection and other security assignments

PET currently assesses the security and safety of the Royal Family, the members of Government, leading Danish public individuals and certain foreign visitors (”VIPs”). PET participates in carrying out personal protection assignments as in accordance with specific instructions issued. PET currently assesses the security of the presence in Denmark of foreign diplomatic representations and international organisations and undertakes the contact between these and Danish authorities on security issues.

4. Aviation security

PET currently assesses the security and safety of civilian aviation in Denmark and co-operates with aviation authorities and airports on the implementation of security measures in respect of civilian aviation.

I. The investigation of PET

PET shall exercise great caution in applying information obtained, and the correctness of the information must, wherever possible, be verified. Any investigative steps of vital importance, including interference in the secrecy of communication, shall be approved by the Director of PET or in the absence of same by his deputy. Where the specific investigative measure requires a court order, any such approval must be given prior to the case being presented in court as in accordance with the rules of the Danish Administration of Justice Act.

Where investigations lead to charging a person, the Chief Constable of that particular district (in Copenhagen the Commissioner of Police) shall be informed, unless otherwise stipulated by the Minister of Justice. Hereafter, the investigation is carried out under the directions of the local Chief Constable, though in co-operation and with the support of PET.

I. Registration

A. The object of the registration

PET gathers and processes information that is, or could be, of importance to the solution of the above-mentioned tasks.

B. Registration of personal data

The registration of personal data shall be limited to the absolute minimum. The registration of Danish nationals cannot be made on grounds of legal political activity only. All cases regarding new files on Danish nationals shall be presented to the Wamberg Committee regarding the registration and passing of information.

I. Co-operation with other authorities

A. Danish authorities

PET shall solve the above-stated tasks in close co-operation with the relevant national authorities, primarily the police force.

B. Foreign authorities

Where necessary, PET co-operates with foreign police, security and intelligence services on solving the above-stated tasks.

I. Entry into force, etc.

These provisions entering into force immediately shall supersede the Instructions for the Director of PET of 30 November 1953 at the same time repealing the latter instructions.