CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
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155. As regards the supervisory body’s powers and competence, it is
essential that it has access to all relevant documents, including closed
materials, and that all those involved in interception activities have a duty to
disclose to it any material required. Other important elements to take into
account when assessing the effectiveness of the supervision are the
supervisory body’s powers with respect to any breaches detected and the
possible public scrutiny of its activities. Moreover, it is for the Government
to illustrate the practical effectiveness of the supervision arrangements with
appropriate examples (see Roman Zakharov, cited above, §§ 281-283, with
further references).
156. The members of the Foreign Intelligence Inspectorate are appointed
by the Government on terms of at least four years and the president and
vice-president are current or former permanent judges. The other members
are suggested by the parliamentarian party groups (see paragraph 37 above).
The Court, therefore, finds no reason to question the independence of the
Inspectorate.
157. The Inspectorate shall examine in particular the search terms used,
the destruction of intelligence and how reports are communicated; the FRA
shall report to it the search terms which directly relate to a specific natural
person (see paragraph 36 above). The Inspectorate has access to all relevant
documents (paragraph 39). It is within its powers to decide that the
collection of intelligence shall cease or that information collected shall be
destroyed, if during an inspection it becomes evident that the collection has
not been in accordance with a particular permit; though, as of yet, no such
measure has proved necessary (paragraphs 36 and 39). The Inspectorate is
also in charge of the signal carriers, which includes ensuring that the FRA is
only provided with access to signal carriers insofar as such access is covered
by the permit (paragraph 24). The Inspectorate is to forward to the FRA,
and if needed to the Government, any opinions or suggestions for measures
to which the inspections give rise (paragraph 38).
158. The Court considers that the supervision of the Foreign Intelligence
Inspectorate is of particular value in ensuring that the provisions applicable
to the activities of the FRA are respected and that, generally, signals
intelligence is performed in a manner which offers adequate safeguards
against abuse. The above-mentioned rules governing the work of the
Inspectorate indicate that it has been given sufficient powers to carry out
this task. Moreover, contrary to the applicant’s claim, the Court understands
the report of the National Audit Office as concluding that the Inspectorate
has been able to carry out its supervisory task efficiently. The Office also
found that the FRA has taken the Inspectorate’s views and suggestions
seriously and have implemented measures based on them (see paragraph 40
above). The Court is therefore satisfied that the Inspectorate’s supervision is
efficient, not only in theory but also in practice.