Facts
The army member Lt. X. applied for a position as platoon leader/assistant class teacher. Since he, as a member of the army, also had access to information classified as military secrets, a personnel security screening was initiated. X. was interviewed on 9 July 2003 by two employees of the Specialist Unit for Personnel Security Screenings of the DDPS, and the interview was recorded on audio media. On 2 September 2003, the Specialist Unit issued a "risk decision with conditions". X. filed a complaint against this decision with the DDPS Appeals Commission and objected in particular to the manner of the interview. The President of the DDPS Appeals Commission ordered that a written and signed protocol of the personal interview be submitted. Thereupon, the DDPS filed an administrative court appeal against this order.Considerations
The Federal Court rules that the administrative authority is generally obliged to record the essential content of a personal interview in writing in the personnel security screening procedure. However, it is sufficient if the essential content of the conversation is summarised…