CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
information. A great majority of the traffic relevant for signals intelligence
is cable-based. The term “communications bearers” (or “signal carriers”)
refers to the medium used for transmitting one or more signals. Unless
indicated below, the regulation of Swedish signals intelligence does not
distinguish between the content of communications and their
communications data or between airborne and cable-based traffic.
15. Foreign intelligence is, according to the Foreign Intelligence Act
(Lagen om försvarsunderrättelseverksamhet; 2000:130), conducted in
support of Swedish foreign, defence and security policy, and in order to
identify external threats to the country. The activities should also assist in
Sweden��s participation in international security cooperation. Intelligence
under the Act may only be conducted in relation to foreign circumstances
(section 1(1)). This does not preclude that some of the foreign
circumstances may have ramifications in Sweden, for example, when
following the espionage operations of a foreign power targeting Sweden
(preparatory works to amended legislation on foreign intelligence,
prop. 2006/07:63, p. 43).
16. The Government determines the direction of the activities; it also
decides which authorities may issue more detailed directives and which
authority is to conduct the intelligence activities (section 1(2) and 1(3)). The
Government issues general tasking directives annually. Foreign intelligence
may not be conducted for the purpose of solving tasks in the area of law
enforcement or crime prevention, which come under the mandate of the
Police Authority, the Security Police and other authorities and which are
regulated by different legislation. However, authorities that conduct foreign
intelligence may support authorities dealing with law enforcement or crime
prevention (section 4). Examples of such support are cryptanalysis and
technical help on information security (preparatory works to amended
legislation on foreign intelligence, prop. 2006/07:63, p. 136).
17. The collection of electronic signals is one form of foreign
intelligence. It is regulated by the Signals Intelligence Act (Lagen om
signalspaning i försvarsunderrättelseverksamhet; 2008:717), which entered
into force on 1 January 2009. Several amendments were made to the Act on
1 December 2009, 1 January 2013, 1 January 2015 and 15 July 2016.
Supplementary provisions are found in the Signals Intelligence Ordinance
(Förordningen om signalspaning i försvarsunderrättelseverksamhet;
2008:923). The legislation authorises the National Defence Radio
Establishment (Försvarets radioanstalt; henceforth “the FRA”) to conduct
signals intelligence (section 2 of the Ordinance compared to section 1 of the
Act).
18. During signals intelligence all cable-based cross-border
communications are transferred to certain points of collection. No
information is stored at these points and a limited amount of data traffic is