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CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
review compliance with the Signals Intelligence Act by examining in
particular the search terms used, the destruction of intelligence and the
communication of reports; if an inspection reveals that a particular
intelligence collection is incompatible with a permit, the Inspectorate may
decide that the operation shall cease or that the intelligence shall be
destroyed (section 10 of the Signals Intelligence Act). The FRA shall report
to the Inspectorate the search terms which directly relate to a specific
natural person (section 3 of the Signals Intelligence Ordinance).
37. The Foreign Intelligence Inspectorate is led by a board whose
members are appointed by the Government on terms of at least four years.
The president and the vice-president shall be or have been permanent
judges. Other members are selected from candidates proposed by the party
groups in the Parliament (section 10 (3) of the Signals Intelligence Act).
38. Any opinions or suggestions for measures arising from the
Inspectorate’s inspections shall be forwarded to the FRA, and if necessary
also to the Government. The Inspectorate also submits annual reports on its
inspections to the Government (section 5 of the Foreign Intelligence
Inspectorate Instructions Ordinance), which are made available to the
public. Furthermore, if the Inspectorate notices potential crimes, it shall
report the matter to the Prosecution Authority (Åklagarmyndigheten), and, if
deficiencies are discovered that may incur liability for damages for the
State, a report shall be submitted to the Chancellor of Justice
(Justitiekanslern). A report may also be submitted to the Data Protection
Authority (Datainspektionen), which is the supervisory authority on the
treatment of personal data by the FRA (section 15).
39. From the establishment of the Inspectorate in 2009 until and
including 2017, the latest year covered by its annual reports, no inspections
have revealed reasons to cease an intelligence collection or to destroy the
results. During the same period, the Inspectorate submitted several opinions
and suggestions to the FRA and one to the Government. In the annual
reports, brief descriptions have been given of the 102 inspections
undertaken at the FRA; they have included numerous detailed examinations
of the search terms used, the destruction of intelligence, the communication
of reports, the treatment of personal data and the overall compliance with
the legislation, directives and permits relevant to the signals intelligence
activities. For instance, an inspection in 2014 concerned a general review of
the FRA’s cooperation with other states and international organisations in
intelligence matters. It did not give rise to any opinion or suggestion to the
FRA. In 2017 the Inspectorate carried out a detailed inspection of the
treatment by the FRA of personal data. The inspection concerned treatment
of sensitive personal data in connection with strategic circumstances with
regard to international terrorism and other serious cross-border crime
threatening significant national interests. The inspection did not give rise to
any opinion or suggestion. However, during that year, one opinion was