CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
purpose of the treatment and to which recipients or categories of recipients
the personal data is or was reported. The information is normally to be given
within one month from the request (Chapter 2, section 1). However, this
right to information does not apply if disclosure is prevented by secrecy
considerations (Chapter 2, section 3).
63. Following a request from an individual who has had personal data
registered, the FRA shall promptly correct, block or destroy such data that
has not been processed in accordance with law. The FRA shall also notify
any third party who has received the data, if the individual so requests or if
substantial harm or inconvenience could be avoided through a notification.
No such notification has to be given if it is impossible or would involve a
disproportionate effort (Chapter 2, section 4).
64. The FRA’s decisions on disclosure and corrective measures in
regard to personal data may be appealed against to the Administrative Court
in Stockholm (Chapter 6, section 3). According to copies of an email
exchange of April 2019 between the applicant and the Administrative Court,
there was no trace in that court’s electronic records of that possibility having
been used.
65. The State is liable for damages following a violation of personal
integrity caused by treatment of personal data not in accordance with the
FRA Personal Data Processing Act (Chapter 2, section 5). A request for
damages shall be submitted to the Chancellor of Justice.
66. In addition to the above remedies, laid down in the legislation
relating to signals intelligence, Swedish law provides for a number of other
means of scrutiny and complaints mechanisms. The Parliamentary
Ombudsmen (Justititeombudsmannen) supervise the application of laws and
regulations in public activities; courts and authorities are obliged to provide
information and opinions at the request of the Ombudsmen (Chapter 13,
section 6 of the Instrument of Government – Regeringsformen), including
access to minutes and other documents. The Ombudsmen shall ensure, in
particular, that the courts and authorities observe the provisions of the
Instrument of Government on objectivity and impartiality and that citizens’
fundamental rights and freedoms are not encroached upon in public
activities (section 3 of the Parliamentary Ombudsmen Instructions Act –
Lagen med instruktion för Riksdagens ombudsmän; 1986:765). The
supervision, under which the Foreign Intelligence Court and the FRA come,
is conducted by means of examining complaints from the public and
through inspections and other investigations (section 5). The examination is
concluded by a decision in which, although not legally binding, the opinion
of the Ombudsman is given as to whether the court or authority has
contravened the law or otherwise taken a wrongful or inappropriate action;
the Ombudsman may also initiate criminal or disciplinary proceedings
against a public official who has committed a criminal offence or neglected
his or her duty in disregarding the obligations of the office (section 6).