Investigative efforts and invasive measure

The Act on the Danish Security and Intelligence Service (the PET Act)

On 01 January 2014, the Act on the Danish Security and Intelligence Service (the PET Act) took effect.

Section 6 of the PET Act states that the investigative efforts and coercive measures (e.g. telephone interceptions, searches and seizures) are governed by the regulations in the Administration of Justice Act.

The Danish Administration of Justice Act

Thus, PET's investigative efforts and use of invasive measures (e.g. telephone interceptions, searches and seizures) are governed by the same regulations in the Administration of Justice Act as the rest of the Danish police.

This includes:
• Arrests, cf. Chapter 69
• Interception in the secrecy of communications, surveillance, data reading and disruption of radio or telecommunication, cf. Chapter 71.
• Body searches, cf. Chapter 72
• Searches, cf. Chapter 73
• Seizures and edition, cf. Chapter 74
• Other investigative measures, cf. Chapter 75a

However, there are certain areas within which the Administration of Justice Act contains a number of special regulations for the investigation of offences that are covered by Chapters 12 and 13 of the Criminal Code and with which PET is concerned.

An example of this could be that in some cases it is possible to carry out secret searches according to Section 799 of the Administration of Justice Act if the investigation pertains to a wilful violation of e.g. Chapters 12 and 13 of the Danish Criminal Code.


Notice on PET's handling of information related to physical and legal entities etc.

On 01 July 2014, notice No. 763 dated 20 June 2014 from the Ministry of Justice came into force. This notice deals with PET's handling of information related to physical and legal entities etc.

It follows from Section 7 of the notice that any coercive measures related to criminal procedure, including interception in the secrecy of communications, must be approved by the Director General of PET or by the Director of PET’s Legal Department in each case.

Furthermore, it appears that if the investigative measure in question requires a court order, the approval must be obtained before the matter is brought before the court in accordance with the regulations of the Administration of Justice Act.