CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
7
does not represent any particular person but the interests of individuals in
general, monitors integrity issues and has access to the case file and may
make statements. Privacy protection representatives are appointed by the
Government for a period of four years and must be or have been permanent
judges or attorneys. The court may hold a hearing and decide on an
application without the presence of a representative only if the case is of
such urgency that a delay would severely compromise the purpose of the
application. The court’s decisions are final.
D. The duration of signals intelligence
23. A permit may be granted for a specific period of time, maximum six
months. An extension may, after a renewed examination, be granted for six
months at a time (Signals Intelligence Act, section 5a).
E. Procedures to be followed for storing, accessing, examining, using
and destroying the intercepted data
24. The Foreign Intelligence Inspectorate (Statens inspektion för
försvarsunderrättelseverksamheten (SIUN); see further paragraphs 36-40
below) oversees access to the signal carriers. Communications service
providers are obliged to transfer cable-based signals crossing the Swedish
borders to “collaboration points” agreed upon with the Inspectorate. The
Inspectorate, in turn, provides the FRA with access to signal carriers in so
far as such access is covered by a signals intelligence permit and, in so
doing, implements the permits issued by the Foreign Intelligence Court
(Chapter 6, section 19a of the Electronic Communications Act (Lagen om
elektronisk kommunikation; 2003:389)). The Council on Legislation
(Lagrådet), the body giving opinions on request by the Government or a
Parliamentary committee on certain draft bills, has expressed the view that
an interference with private life and correspondence presents itself already
at this point, because of the State obtaining access to the
telecommunications (prop. 2006/07:63, p. 172).
25. According to the Signals Intelligence Act, intercepted data must be
destroyed immediately by the FRA if it 1) concerns a specific natural person
and lacks importance for the signals intelligence, 2) is protected by
constitutional provisions on secrecy for the protection of anonymous
authors and media sources, 3) contains information shared between a
suspect and his or her legal counsel and is thus protected by attorney-client
privilege, or 4) involves information given in a religious context of
confession or individual counselling, unless there are exceptional reasons
for examining the information (section 7).
26. If communications have been intercepted between a sender and
receiver who are both in Sweden, despite the prohibition on such