The Ministry of Defence states that the legislative amendments aim to address the deficiencies that the European Court of Human Rights found in Swedish legislation on and the application of signals intelligence in defence intelligence activities.
Defence Minister Pål Jonson (M) received an interim report on a review of the law on signals intelligence in defence intelligence activities from Chief Judge Johan Sjöö on 4 September 2023. The interim report consisted of an analysis of which measures should be taken to address the deficiencies found by the European Court of Human Rights, according to a press release from the Ministry of Defence.
In the referral to the Council on Legislation now submitted, legislative amendments are proposed for signals intelligence in defence intelligence activities and the processing of personal data at the National Defence Radio Establishment, FRA.
According to the Ministry of Defence, the proposal includes the following:
- A provision is introduced which means that a recording or transcript that does not contain personal data shall be destroyed in certain cases. - A new condition is established for the transfer of personal data to a recipient abroad, which means that personal integrity must be considered in such transfers. - A new decision-making body is established within the Swedish Inspectorate of Defence Intelligence Activities, which, upon request from an individual, shall check whether the individual's communications have been collected and, if so, whether it has been done in accordance with the law and provide a reasoned notification that the check has been carried out.