Law (2009:966) On Defence Intelligence Court

Original Language Title: Lag (2009:966) om Försvarsunderrättelsedomstol

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:966

Defence intelligence Court



section 1 the Defence Intelligence Court to rule on questions about

permission for signals intelligence under the Act (2008:717)

signals intelligence in the Defense intelligence operations.



Defence intelligence Court's composition



section 2 of the Defence Intelligence Court consists of a President, a

or a maximum of two vice Chairman and a minimum of two and a maximum of six

special members.



The members shall be Swedish citizens and must not be

minors or bankrupt State or have managers under

11 kap. 7 § parental code. Before a member begins to serve

in court, he or she shall have completed the domared.



In the law (2010:1390) appointing judges is

provisions relating to the appointment of the President of the Court. Vice

Chairman and members of the Government for special appointment

four years. Law (2010:1399).



section 3 of the President and Vice-Presidents shall be scholars and

have experience in service as a judge. The other members

should have special knowledge about the circumstances of importance for the

the Court's activities.



section 4 Is the President unable to serve, a

Vice Chairman in the Chairman's place.



Privacy agent



§ 5 A privacy representative to monitor individuals '

privacy interest in the case before the Court. The agent has the right to

take part of it appearing in the proceedings and to express their views.



section 6 of the Government ordains for at least four years at a time people

that can serve as the privacy representative. During

the four-year period may, if necessary, additional persons may be appointed

for the remaining part of the period.



A privacy representative must be a Swedish citizen, and shall

be or have been a lawyer or have been regular judges.

A privacy representative must not be bankrupt condition

nor have trustees under Chapter 11. 7 § parental code.



The Government shall seek suggestions for suitable candidates from

The Swedish Bar Association and the Board of judges.



A privacy protection agents, even though the Government's

the appointment has ended complete current assignments.



paragraph 7 of the terms of compensation for privacy agents

apply chapter 21. section 10 of the first and second subparagraphs

the code of judicial procedure.



8 § The designated as privacy counsel in a case

must not improperly disclose what he or she has learned

If in the case.



With quorum



§ 9 Court Defence Intelligence is attained with the Chair

and two special members. More than three members may not

participate in a decision.



section 10 the Chairperson may alone on Defence Intelligence Court

behalf



1. undertake preparatory measures and decide on depreciation,

and



2. examine the issues referred to in paragraph 5 (a) of the Act (2008:717)

If the signals intelligence in the Defense intelligence operations if

State of progress and tillståndsprövade

retrieval mission, if the trial is of a simple nature

and concerns only access to signal carriers or use

of search terms that are not directly attributable to specific physical

person.



The Chairman shall appoint a legally qualified official of the Court

that alone on behalf of the Court of Justice take preparatory measures.



The handling of Defence Intelligence Court



subject to section 11 of this Act apply 3 to 5, 8, 14, 16 to

26, 29 to 32 and 38 to 53 of the administrative judicial procedure Act (1971:291)

applicable in the proceedings in the Court.



section 12 where an application for authorisation for the signals intelligence has

submitted to the Court, the Court shall as soon as possible

designate a privacy counsel in proceedings and to keep a

meeting. At the meeting, requesting authority and

Privacy agent be present. The Court may order that

who can provide information of importance for the examination

may attend the meeting.



If the matter is so urgent that the delay seriously

would risk the purpose of the application, the meeting shall be held and

decisions are taken without a privacy protection representative has been

present or otherwise had the opportunity to be heard.



When a decision under section 10 the first paragraph 2 has been taken by

the President on behalf of the Court, the

Privacy delegates who were present at the examination of the

the reconnaissance mission to which the decision relates

be informed.



paragraph 13 of the procedure provided for in section 12 shall also apply

in the case of applications for supplementary permits under 5 (a)

paragraph Act (2008:717) signals intelligence in

defence intelligence operations and for the notification referred to in paragraph 5 (b)

the second paragraph of the same law.



section 14 except as permitted by section 16 of the code of administrative procedure

(1971:291) concerning the possibility for the Court to order

limitations of the public at the hearing, the

the President of the Court before a hearing commences shall order that

the hearing will be held behind closed doors, if it says

clearly, a task for which the Court applies

such confidentiality referred to in publicity and secrecy

(2009:400) will be revealed if the hearing is

public.



section 15 applies in terms of Chapter 16 of the vote. the code of judicial procedure in

applicable parts.



paragraph 16 of the decision of the Court that the Defense Intelligence Agency in matters

move signals intelligence must not be subject to appeal is clear from paragraph 13 of the law

(2008:717) signals intelligence in

Defense intelligence operations. Nor did the Court's

decision in General under this Act may be appealed.