The Swedish government has submitted a referral to the Council on Legislation (Lagrådet) regarding signals intelligence in defence intelligence operations. This follows a ruling on 25 May 2021 in which the European Court of Human Rights found shortcomings in Sweden's signals intelligence regulations, writes the Ministry of Defence in a press release.
The Ministry of Defence states that the proposed legislative amendments aim to address the shortcomings identified by the European Court of Human Rights in Swedish legislation governing, and the application of, signals intelligence in defence intelligence operations.
Defence Minister Pål Jonson (M) received an interim report on a review of the Act on Signals Intelligence in Defence Intelligence Operations from Chief District Judge Johan Sjöö on 4 September 2023. The interim report comprised an analysis of what measures should be taken to address the shortcomings identified by the European Court of Human Rights, according to a press release from the Ministry of Defence.
The referral to the Council on Legislation now being submitted proposes legislative amendments concerning signals intelligence in defence intelligence operations, as well as the processing of personal data at the Swedish National Defence Radio Establishment (FRA, Försvarets radioanstalt).
According to the Ministry of Defence, the proposal includes, among other things, the following:
- A provision is introduced stipulating that a recording or transcript that does not contain personal data shall, in certain cases, be destroyed. - A new condition is established for the transfer of personal data to a recipient abroad, requiring that personal integrity be taken into account in such transfers. - A new decision-making body is established within the Swedish Defence Intelligence Inspectorate (Statens inspektion för försvarsunderrättelseverksamheten), which, upon request from an individual, shall verify whether that individual's communications have been collected and, if so, whether this was carried out in accordance with the law, and shall provide a reasoned notification confirming that the review has been conducted.