Norwegian Defence Security Service (NORDSS)

Norweigan Defense Security Service (NORDSS), (in Norwegian: Forsvarets sikkerhetstjeneste, acronym: FOST) is a joint security and counter-intelligence service within the Norwegian Armed Forces. Its members is a mix of civilian employees and military personnel. Head of the service holds the military rank Colonel or Captain (Navy).

The current commanding officer of NORDSS is: Capt (N). Geir Gade - Royal Norwegian Navy.

Insignia

The NORDSS insignia is constructed in accordance with Norwegian and continental heraldic rules and tradition, and was approved by Chief of Defence Norwegian Armed Forces (CHODNOR) in 2003. The insignia symbolism is as follows:

a) The crown is in Norway the symbol of the sovereign and the executive powers of the state.

b) The basis livery colour is green. This stems from the 2nd World War when the exile Norwegian Armed Forces in the United Kingdom adopted the British Army's patterns and ranks system to indicate rank and service branch. Green was the service branch colours for intelligence and security service (this is seen today in the UK's army Intelligence Corps beret and stable belt colour which is cypress green)

c) The silver key represents access to knowledge that is the sovereign property and must be protected.

d) The lion is based on the Coat of arms of Norway. It represent strength and determination to protect and guard the nation and it's firm hold on the key affirms the loyalty to protect the sovereign property. Since NORDSS is not a part of Norwegian Army lifeguard division (This role is filled by His Majesty the King's Guards (HMKG) and the Military Academy (KS) - Linderud), the standard gold colour is used.

Role and responsibility

NORDSS role is designated by the Chief of Defence Norwegian Armed Forces (CHODNOR) by the virtue of role as chief executive (as defined by the provisions in the protective security act) of the Norwegian Armed Force.

Its responsibilities are:

• Protect the Norwegian Armed Forces against security threats within the Armed Forces, and from threats stemming from terrorism, espionage and sabotage against the Armed Forces.

• Conduct background checks in order to determine if a security clearance can be given to military personnel who apply for access to classified information (vetting process).

• Act as Designated Security Authority in Norway for the “Request for visit” system. By controlling both visits of foreign nationals to the Norwegian Armed Forces / Norwegian defense industry, and issues Norwegian citizens with certification of security clearance when visiting other nations where a valid security clearance is required.

• Liaise with the Police Security Service in cases that involve the military.

NORDSS does this by collecting and assessing information regarding security risk and weaknesses within the Norwegian Armed Forces, in order to analyze and recommend which counter measures that must be taken.

Rule of law, limits 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[1] forbids the use of military personnel and powers against the citizens unless warranted by act of parliament or insurrection. Article 110c[2] forbids any executive actions that is a violation of human rights.

Therefore it is only the Norwegian Police Security Service (PST), Norwegian Intelligence Service (ETJ) or the Norwegian National Security Authority (NSM), that is defined as a “secret services” and given special executive authority by separate act's of parliament.

Since it is not given any such special executive authority, the rule of law principle strongly limits NORDSS to only to operate within the Armed Forces. Therefor all actions or counter-measures must have legal basis in:

a) The general provisions of the Protective Security Act[3], The Defense Secrets Act, The Military Offence Act and the Military police powers act (which only grants military police powers to NORDSS member who are commissioned officers and on duty).

b) Common law / Chain of command authority within the Norwegian Armed Forces

c) International treaties/agreements concerning military security regulation trough Norway’s membership in NATO.

Oversight

As a result of lessons learned by the surveillance scandals after the end of the Cold war. Several fail-safe mechanism is in place to prevent future breach of human rights and illegal surveillance. NORDSS is under the direct oversight of the legislative and executive branches in Norway.

The legislative branch (Stortinget) exercise it's control trough the Norwegian Parliamentary Intelligence Oversight Committee (EOS-committee) which is a independent watch-dog that has monitored NORDSS activities since its establishment in 2003. In 2009 the service elevated to be one of the main inspection objects (the Norwegian secret services are the others). In all of the EOS-committee's annual report to Stortinget (the Norwegian Parliament) all deviation from what the committee deems to be in good standards with the rule of law or human rights is exposed and been correctly criticized. These reports are available for the public on the EOS committee website

The executive branch exercise its control through different means

• To control protective security routines and that there is a uniform interpretation of Protective security act, NORDSS is under the supervisory authority of the Norwegian National Security Authority.
• Political control is exercise through the civilian control of the military through the Minister of Defence, and the principle of accountability in the Parliamentary system.
• Chain of Command control is exercise through the CHODNOR, his Chief of staff and the CHODNOR auditory unit. And is responsible to regularly brief the Minister of Defence on NORDSS activities.

The judicial branch exercise indirect control of NORDSS in those case legal actions brought against persons by the service or if a corporate charge is brought against NORDSS and it's personnel.