Government proceeds with new intelligence agency: 'UND'

The Swedish government has decided on a Council on Legislation referral to enable the establishment of Sweden's foreign intelligence service, with a planned start date of 1 January 2027. As previously reported by NDS (Nordic Defence Sector), the agency is expected to simultaneously take over parts of the Swedish Armed Forces' foreign intelligence operations, including functions from the Military Intelligence and Security Service (Must).

According to a press release from the government, the new agency will play a central role in strengthening Sweden's intelligence capabilities.

"It is important that we now develop new capabilities within the intelligence system in line with the changing threat landscape, and the new agency will be central to this work. Sweden finds itself in a serious security policy situation," said Foreign Minister Maria Malmer Stenergard in the press release.

According to the Council on Legislation referral, a new law on the processing of personal data is proposed to govern the agency's operations. This includes, among other things, specific provisions on how personal data may be processed within foreign intelligence activities, including the ability to handle data relating to criminal offences and to share information internationally when deemed necessary.

The referral also proposes a large number of consequential amendments to existing legislation. Among other things, the Signals Intelligence Act is being adapted so that the new agency can direct signals intelligence collection, and the Defence Intelligence Activities Act is being amended to encompass the concept of foreign intelligence activities. The government states that this is essentially a linguistic and structural change, without altering the substantive direction of the activities.

The Narcotic Drugs Control Act is also proposed for amendment, in part to grant the new agency equivalent powers to those of the Swedish Armed Forces for handling narcotic substances within the framework of its operations.

Furthermore, amendments are proposed to the Public Access to Information and Secrecy Act to protect information held by the new agency, while secrecy-breaking provisions are being introduced to enable information sharing. The Swedish Security Service (Säkerhetspolisen), the Swedish Armed Forces, and the National Defence Radio Establishment (Försvarets radioanstalt, FRA) will be able to obtain direct access to certain data, and equivalent access may also be granted to foreign intelligence and security services within the framework of international cooperation.

The Qualified Protective Identities Act is being adjusted to also cover personnel at the new agency, enabling the use of protected identities in intelligence gathering. At the same time, the agency's facilities will be classifiable as protected sites under the Protection of Vital Societal Functions Act.

Organisational changes are also included in the proposal. The Defence Intelligence Court (Försvarsunderrättelsedomstolen) is proposed to be renamed the Intelligence Court (Underrättelsedomstolen), and the supervisory authority Siun is proposed to receive a new name linked to foreign intelligence activities. In addition, the Public Employment Act is being amended so that personnel at the new agency are subject to special provisions, including the possibility of being immediately relieved of their duties on grounds of national security.

The next step is to obtain the opinion of the Council on Legislation, after which a government bill is planned for June. The objective is for the agency to be able to commence its operations on 1 January 2027, the government states in the press release.