Surveillance by intelligence services – Volume II: field perspectives and legal update
In Sweden, the law specifies that all gathered intelligence
concerning communications of persons bound by
legislated professional secrecy, suspects or accused and
their defence counsel, as well as statements given in
confession to a priest must be immediately destroyed.409
100
Bar Associations, the President of the Order of Flemish
Bar Associations, the President of the National Council
of Doctors or the President of Professional Journalists
Association must be notified by the Administrative
Commission prior to the implementation of the
surveillance measure. The Administrative Commission
must provide all necessary information to the presidents
of these professional associations.411
Interestingly, in Belgium, aside from lawyers
and journalists, the law includes doctors among
professionals of whom surveillance is in principle
prohibited. 410 Exceptionally and when strictly
necessary, the law prescribes enhanced safeguards
for the authorisation of interceptions of the protected
professions’ communications. One of the safeguards
envisaged is that, depending on the profession, the
President of the Order of French and German speaking
In Germany, federal law provides enhanced protection
to various professionals bound by professional secrecy –
such as members of parliament, faith leaders and
lawyers – only in case of targeted surveillance. 412
Enhanced protection is not available in case of strategic
or foreign-to-foreign surveillance.
409 Sweden, Signals Intelligence Act, Art. 7.
410 Belgium, Organic law on intelligence and security services
(loi organique des services de renseignement et de
sécurité), 30 November 1998, Art. 2 (2), as amended.
411 Ibid. Art. 18/2 (3), as amended.
412 Germany, G10 A, S. 3b in conjunction with Code of
Criminal Procedure, S. 53. See Löffelmann, M. in
Dietrich, J.-H. and Eiffler, S. (eds) (2017), p. 1201,
p. 1252 and following and p. 1268.