CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
(b) for the applicant
Mr F. BERGMAN,
Mrs A. EVANS,
Mr A. OTTOSSON,
Mrs E. PALM,
Counsel,
Counsel,
Counsel,
Adviser.
The Court heard addresses by Ms Evans, Mr Bergman and
Ms Hammarskjöld.
THE FACTS
10. The applicant, Centrum för rättvisa, is a foundation established in
2002. It has its headquarters in Stockholm.
11. The applicant represents clients in proceedings concerning rights and
freedoms under the Convention or related proceedings under Swedish law.
It is also involved in education and research projects and participates in the
general public debate on issues concerning individuals’ rights and freedoms.
12. The applicant communicates on a daily basis with individuals,
organisations and companies in Sweden and abroad by email, telephone and
fax. It asserts that a large part of that communication is particularly sensitive
from a privacy perspective. Due to the nature of its function as a nongovernmental organisation scrutinising the activities of State actors, it
believes that there is a risk that its communications have been or will be
intercepted and examined by way of signals intelligence.
13. The applicant has not brought any domestic proceedings, contending
that there is no effective remedy for its Convention complaints.
RELEVANT LEGAL FRAMEWORK AND PRACTICE
I. DOMESTIC LAW AND PRACTICE
A. Generally on signals intelligence
14. 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 related 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, that is, the telecom, internet, cable and
other such companies which provide various forms of electronic transfer of
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