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CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
litigation against the State and otherwise, who claim that their rights and
freedoms under the Convention and under Swedish law have been violated.
It also conducts education and research and participates in the general
debate on issues concerning individuals’ rights and freedoms. The applicant
communicates on a daily basis with individuals, organisations and
companies in Sweden and abroad by email, telephone and fax and asserts
that a large part of that communication is particularly sensitive from a
privacy perspective. Due to the nature of its function as a non-governmental
organisation scrutinising the activities of State actors, it believes that there
is a risk that its communication through mobile telephones and mobile
broadband has been or will be intercepted and examined by way of signals
intelligence. The applicant has not brought any domestic proceedings,
contending that there is no effective remedy for its Convention complaints.
7. Signals intelligence can be defined as intercepting, processing,
analysing and reporting intelligence from electronic signals. These signals
may be processed to text, images and sound. The intelligence collected
through these procedures may concern both the content of a communication
and its associated communications data (the data describing, for instance,
how, when and between which addresses the electronic communication is
conducted). The intelligence may be intercepted over the airways – usually
from radio links and satellites – and from cables. Whether a signal is
transmitted over the airways or through cables is controlled by the
communications service providers. A great majority of the traffic relevant
for signals intelligence is cable-based. The term “signal carriers” refers to
the medium used for transmitting one or more signals. Unless indicated in
the following, the regulation of Swedish signals intelligence does not
distinguish between the content of communications and their
communications data or between airborne and cable-based traffic.
II. RELEVANT DOMESTIC LAW AND PRACTICE
A. Generally on signals intelligence
8. Foreign intelligence is, according to the Foreign Intelligence Act
(Lagen om försvarsunderrättelseverksamhet; 2000:130), conducted in
support of Swedish foreign, defence and security policy, and in order to
identify external threats to the country. The activities should also assist in
Sweden’s participation in international security cooperation. Intelligence
under the Act may only be conducted in relation to foreign circumstances
(section 1(1)). The Government determines the direction of the activities; it
also decides which authorities may issue more detailed directives and which
authority is to conduct the intelligence activities (section 1(2) and 1(3)). The
Government issues general tasking directives annually. Foreign intelligence
may not be conducted for the purpose of solving tasks in the area of law