New Signal Surveillance Act (FöU15)

WEDNESDAY 18 JUNE 2008

The Riksdag approved the Government’s proposal for a new Signal Surveillance Act in defence intelligence activities. The Act applies to signal surveillance for defence intelligence purposes, whether transmitted over the air or by wire. The Act contains a number of regulations designed to protect the integrity of the individual.

The Riksdag announced the introduction of further control mechanisms and mechanisms to ensure the rule of law to the Government. These serve to further increase the protection of individuals, beyond the Government’s proposal.

The Government will communicate provisions on further mechanisms to ensure control and the rule of law as regards:

• a specification of the purposes for which signal surveillance may be conducted within the framework of the proposed legislation;
• how the licensing procedure (focus, need, assessment of proportionality, clients and search words) is to be organised; how data is to be destroyed.

The Riksdag considers that the Signal Surveillance Act should be supplemented as follows:

• licences issued under the Signal Surveillance Act are to be decided by a new board with powers similar to those of the courts;
• the board with powers similar to the courts shall take decisions regarding the granting of permission for use of search terms relating to natural persons;
• that the Government and Government Offices shall take integrity into account when taking decisions regarding the focus.

The Government is to get back to the Riksdag by no later than the autumn of 2008 with proposals for changes to the Signals Surveillance Act in the above areas.

The Government is also to submit annual reports to the Riksdag and to present a review in 2011.

The Data Inspection Board will be specially commissioned to follow the activities of the National Defence Radio Establishment until the review in 2011 from the point of view of protection of integrity.  A special reference group will be established to support the Data Inspection Board, comprising individuals nominated by the parties represented in the Riksdag. The Government is also to appoint a commission to monitor the activities of the National Defence Radio Establishment until the review in 2011 in general, from the point of view of protection of integrity. This commission will comprise members of the Riksdag. The commission will appoint an ”integrity representative” with the task of ensuring the integrity of persons resident in Sweden in connection with licensing procedures.

The new legislation will come into force on 1 January 2009. The National Defence Radio Establishment will have access to communications from telephone operators as from 1 October 2009.