The failed attempt to appoint Jean-Daniel Ruch as the new State Secretary has led to lively discussions in the SRF community. Patrice Zumsteg, head of the security law competence area at the ZHAW, answers the most important questions.
When do you fail the personal security test?
Anything that makes you vulnerable to blackmail can lead to this. This doesn’t necessarily have to be illegal behavior. Things that are disreputable can also become a problem if they are legally acceptable, but in fact make you vulnerable to blackmail. For example, the consumption of “almost not” child pornography, but also debts or addictions.
Wouldn’t it make sense to always carry out an up-to-date check when hiring a new person in such a sensitive role?
In principle, this is exactly what the law provides. I assume this was not done because he had previously been employed at the same security level and his last audit was less than five years ago. But I would say from the ship that it is a failure to not do a new review from the start when creating a new function in such a sensitive area. The VBS leadership – ultimately Federal Councilor Viola Amherd – could have demanded such an examination.
What role do rumors play in personal security checks?
During the test it is also possible to investigate a guess or suspicion. At the highest security level, to which Ruch belongs, a conversation also takes place. He could have been confronted with the rumors about his lifestyle.
How common is it for potential employees to fail security screening?
It happens regularly that people fail the personal security check. The Federal Administrative Court’s decision database contains four cases from last year alone. The last high-profile case was that of former army chief Roland Nef in 2008.
What if a Federal Councilor could be blackmailed?
Federal councilors derive their legitimacy from the election. You therefore do not have to pass a personal security test. No matter what their lifestyle is, the democratic weight of their election is greater.