CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
absolutely necessary for the treatment. Information about a person’s
physical appearance must always be formulated in an objective way with
respect for human dignity. Intelligence searches may only use the abovementioned personal indicators as selectors if this is absolutely necessary for
the purpose of the search (Chapter 1, section 11).
42. Personnel at the FRA who process personal data go through an
official security clearance procedure and are subject to confidentiality with
regard to data to which secrecy applies. They could face criminal sanctions
if tasks relating to the processing of personal data are mismanaged
(Chapter 6, section 2).
43. Personal data that has been subjected to automated processing is to
be destroyed as soon as it is no longer needed (Chapter 6, section 1).
44. Further provisions on the treatment of personal data are laid down in
the FRA Personal Data Processing Ordinance (Förordningen om
behandling av personuppgifter i Försvarets radioanstalts försvarsunderrättelse- och utvecklingsverksamhet; 2007:261). It provides, inter alia,
that the FRA may keep databases for raw material containing personal data.
Raw material is unprocessed information which has been collected through
automated treatment. Personal data in such databases shall be destroyed
within one year from when it was collected (section 2).
F. Conditions for communicating the intercepted data to other
parties
45. The intelligence collected is to be reported to the authorities
concerned, as determined under the Foreign Intelligence Act (Signals
Intelligence Act, section 8).
46. The Government Offices, the Armed Forces, the Security Police, the
NOA, the Inspectorate of Strategic Products (Inspektionen för strategiska
produkter), the Defence Material Administration (Försvarets materialverk),
the Defence Research Agency (Totalförsvarets forskningsinstitut), the Civil
Contingencies Agency (Myndigheten för samhällsskydd och beredskap) and
the Swedish Customs (Tullverket) may have direct access to completed
intelligence reports to the extent the FRA so decides (section 9 of the FRA
Personal Data Processing Ordinance). However, to date, no decisions
permitting direct access have been taken by the FRA.
47. The FRA may also grant the Security Police and the Armed Forces
direct access to data which constitute analysis results in a data collection for
analyses and which is needed for the authorities to be able to make strategic
assessments of the terrorist threat against Sweden and Swedish interests
(Chapter 1, section 15 of the FRA Personal Data Processing Act, and
section 13a of the Ordinance).
48. According to the preparatory works (prop 2017/18:36), the abovementioned access is given within the framework of cooperation between the
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