CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
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certainty or against integrity interferences. The Committee found, however,
that, in particular, the authorisation procedure before the Foreign
Intelligence Court, in deciding on permits to conduct signals intelligence
measures (paragraphs 18-22), and the supervisory functions performed by
the Foreign Intelligence Inspectorate (paragraphs 24 and 36-40) and the
Privacy Protection Council (paragraph 41) provided important protection for
individuals’ personal integrity. It noted, in this respect, that, although the
Privacy Protection Council formed part of the FRA, it acted in an
independent manner.
III. RELEVANT INTERNATIONAL AND EUROPEAN LAW
A. United Nations
65. Resolution no. 68/167, on The Right to Privacy in the Digital Age,
adopted by the General Assembly on 18 December 2013, reads as follows:
“The General Assembly,
...
4. Calls upon all States:
...
(c) To review their procedures, practices and legislation regarding the surveillance
of communications, their interception and the collection of personal data, including
mass surveillance, interception and collection, with a view to upholding the right to
privacy by ensuring the full and effective implementation of all their obligations under
international human rights law;
(d) To establish or maintain existing independent, effective domestic oversight
mechanisms capable of ensuring transparency, as appropriate, and accountability for
State surveillance of communications, their interception and the collection of personal
data ...”
B. Council of Europe
1. The Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data, and its Additional Protocol
66. The Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data of 28 January 1981 (CETS No. 108)
was ratified by Sweden on 29 September 1982. It sets out standards for data
protection in the sphere of automatic processing of personal data in the
public and private sectors. It provides, in so far as relevant, as follows: