Signalspaningens scope
section 1 of the defence intelligence operations under the Act (2000:130)
If the Defense intelligence operations, the authority
the Government determines the (Intelligence Agency) to obtain
signals in electronic form at signals intelligence. Signals intelligence
in the Defense intelligence operations may be carried out only in cases
Government or an authority referred to in paragraph 4 of the closer has
particularly the targeting of signal intelligence was moved.
Signals intelligence in Defense intelligence activities may take place
only in order to identify
1. external military threat to the country,
2. conditions for Swedish participation in peace support
and humanitarian international operations or threats to
safety for Swedish interests in carrying out such
efforts,
3. strategic conditions relating to international terrorism
and other forms of serious cross-border crime that can threaten the
essential national interests,
4. the development and proliferation of weapons of mass destruction,
war materials and products referred to in the Act (2000:1064) if
control of dual-use items and the
technical assistance,
5. serious external threat to society's infrastructures,
6. conflicts abroad with consequences for international
security,
7. foreign intelligence operations against Swedish interests,
or
8. a foreign power's actions or intentions of substantial
importance for Swedish foreign, security or
defence policy.
If it is necessary for the defence intelligence function
receive signals in electronic form be obtained at signals intelligence
even to
1. follow changes in signal environment in the world, the
technical development and signalskyddet, as well as
2. continuously develop the technology and methodology needed for
to carry out activities under this Act. Law (2009:967).
section 2 of the Gathering, which takes place in the wire may only refer to signals
sales over the Swedish border in the thread that is owned by an operator.
2 a of the collection may not concern signals between a sender
and receiver, both of which are in Sweden. If such
signals cannot be separated already at the gathering,
recording or record shall be destroyed as soon as it is
clear that such signals are obtained.
The first subparagraph shall not apply in the case of signals between
transmitters and receivers of foreign Government vessels,
State aircraft or military vehicle. Law (2009:967).
Search terms
§ 3 Acquisition of signals on wire should be automated.
Such acquisition may be only signals that identified
by search term. Even in other automated data collection should
search terms used for the identification of signals.
Search terms should be designed and operated with respect for
an individual's personal privacy and so that signal intelligence was moved
entails a limited privacy intrusion as possible. For
search terms that are directly attributable to a specific physical
person applies in addition, they may be used only if it is
of extreme importance to the business. Law (2009:967).
Focus
4 of the Act (2000:130) on defence intelligence activity
provides for the Government's and authorities ' focus
of such activities. Direction of signals intelligence may be indicated
only by the Government, government offices, the military,
The security police and the national operational Department in
The police authority.
The Government determines the orientation of the activities
are conducted in accordance with paragraph 1, third subparagraph.
A direction of signal intelligence was moved must not relate to only a certain
natural person. Law (2014:691).
Condition
4 a of the electronic surveillance authority shall apply for authorisation of
Defence intelligence Court for signals intelligence under section.
Such an application shall include information on
1. the reconnaissance mission to which it relates, with a closer
statement of the needs that give rise to the application and task
If the focus of the mission relate to,
2. the signal carrier in respect of signals in thread
as electronic surveillance authority requires to for
to fulfil the mission,
3. the search terms or categories of search terms that are
for use in capturing,
4. what time the permit shall apply, and
5. the circumstances in General that the Agency would rely on
in support of its application. Law (2009:967).
§ 5 Permission for electronic surveillance under certain
retrieval mission may be granted only if the
1. the mission is consistent with the Act (2000:130) about
defence intelligence activity and this Act;
2. the purpose of the acquisition cannot be met on a smaller
restrictive means,
3. the mission is expected to provide information whose value is clearly
larger than the privacy intrusions that acquisition in accordance
with the application may involve,
4. the search terms or categories of search terms that are
intended to be used are in accordance with section 3, and
5. the application does not relate only to a specific natural person.
Law (2009:967).
5 a § in a State should be specified
1. the reconnaissance mission for which the collection may take place,
2. the signal carrier in respect of signals in thread
as electronic surveillance authority shall have access to
fulfil the mission,
3. what search terms or categories of search terms which may
used for capturing,
4. the duration of the permit relates, and
5. the conditions needed to limit the intrusion
in an individual's personal privacy.
A permit may be granted for a maximum period of six months from the date of
the decision and, after a retrial may be extended by a maximum of
six months at a time.
If the performance of the retrieval Mission for which
authorised arises the need for access to additional
signal carriers or use of other licensed
search terms, the special permission to be sought. In the case of an application and
review sections 4 and 5 apply mutatis mutandis. Such a
consent shall have the same duration as the State of the
reconnaissance mission in which access to the signals
needed or search terms are intended to be used.
Law (2009:967).
5 (b) § If it can be expected that the commissioning of
Defence intelligence Court's condition would cause
such a delay or other inconvenience which is of material
importance for any of the purposes specified in paragraph 1, shall
permission for signal intelligence was moved is given by the executives
When electronic surveillance authority that the Government provides. A
such permission shall be designed in accordance with section 5.
Has authorised the operation referred to in the first subparagraph shall
immediately be notified to the
Defence intelligence Court. In the notification the reasons for
the action specified. Defence intelligence Court should promptly
review the case and, if it finds that there are no grounds for
action, reverse or vary the decision. If a decision under
the first paragraph has expired before the Court
reviewed the matter, the electronic surveillance authority notify operation
to the inspection authority.
If the Defense Intelligence court annuls or amends a
decision pursuant to the first paragraph, the recording or record
of the information already obtained immediately destroyed in the
extent to which the performance or the record can be attributed
for the change. Law (2009:967).
section 6 of the provisions on Defence Intelligence Court, see
Act (2009:966) on defence intelligence Court.
Law (2009:967).
Förstöringsskyldighet
section 7 of the fixation or the record of information collected
According to this law shall immediately be destroyed if the contents
1. relating to a specific natural person and has been deemed to lack
significance to activity referred to in paragraph 1,
2. refers to the information for which confidentiality is subject to 3
Cape. 3 § tryckfrihetsförordningen or Chapter 2. paragraph 3 of the
freedom of expression, or subject
After research prohibition in Chapter 3. section 4 of the freedom of the Press Act
or Chapter 2. section 4 of the freedom of expression,
3. does the information in the notifications referred to in Chapter 27. section 22
the code of judicial procedure, or
4. refer to details given during confession or individual
pastoral care, unless there are serious reasons to treat
the data for the purposes set out in paragraph 1, second subparagraph.
Law (2009:967).
Reporting
section 8 Notices with information collected under this
teams shall be reported to the relevant authorities in accordance with
as provided for in the Act (2000:130) about
Defense intelligence operations. If the information relates to a particular
natural person, reporting solely to conditions
which is of importance in the aspects listed in paragraph 1 of the
the law. Law (2009:967).
International cooperation
section 9 of the Act (2000:130) on defence intelligence activity
contains provisions on international cooperation on
defence intelligence area.
Electronic surveillance authority may for the activities listed in
Article 1, third paragraph, according to the Government's almost definite,
establish and maintain cooperation in intelligence matters
with other countries and international organizations.
Law (2009:967).
Control
section 10 of The Government authority determines
(control authority) shall check that this law is followed.
The verification shall relate in particular to the examination of the search terms that
pursuant to section 3 of, destruction of data referred to in paragraph 7 and the
reporting under section 8.
Authority may decide that specific collection shall cease, or
that recording or record of any information shall
be destroyed, if, upon inspection, it is shown that catching up
does not comply with the conditions indicated under this Act.
The authority shall be managed by a Board whose members are appointed by
Government for a fixed period of time, at least four years. The Chairman and the
the Vice-President shall be or have been regular judges.
Other members shall be appointed from among the persons proposed by the
party groups in Parliament. Law (2009:967).
10 a of the control authority is obliged, upon request of a
single check if his or her messages are
collected in connection with the signals intelligence in accordance with this Act and,
If so, whether the retrieval and processing of
data has been collected in accordance with the law.
Control authority shall notify the individual that
the check has been performed. Law (2009:967).
section 11 Within electronic surveillance authority, there shall be a Council
with the task of conducting ongoing transparency of measures
be taken to ensure the protection of privacy in the
electronic surveillance operations. Council members are appointed by
the Government for some time. The Council shall report its
observations to management and electronic surveillance authority, if
the Council finds that there are reasons for it, to
the control authority. Law (2009:967).
Duty to notify
11 a of if signals intelligence under this law has been used
search terms that are directly attributable to a specific physical
person, the person shall be informed accordingly, unless otherwise
follows from paragraph 11 (b). The notification shall indicate when
the acquisition has taken place and the purpose of the gathering.
A notification shall be submitted as soon as it can be done without but for
defence intelligence function, but not later than one month after
to the retrieval mission which led the retrieval
ended. Law (2009:967).
11 b of the notification under section 11 may be postponed, if
Privacy prevents the notification is submitted. Is it because
of privacy could not be given any notification within a
years from the retrieval mission was completed, need
any notification is not provided.
A notification shall not be given if the retrieval is exclusively
refers to the foreign agency relationships or relationships between
foreign powers. Law (2009:967).
Other provisions
section 12 of the Act (2003:389) on electronic communications is available
rules on operators ' obligation to retransmit signals
to enable the collection in accordance with this Act.
Only the control authority shall be divested of the signal carrier
containing such signals transmitted in accordance with the
provisions referred to in the first subparagraph. The authority shall give
electronic surveillance authority access to the signal carrier only in
the extent to which it complies with the conditions referred to in 5 (a), or
section 5 (b). Law (2009:967).
12 (a) of the Act (2007:259) concerning the processing of personal data in
National defence radio Institute defence intelligence and
development activities are additional provisions for
the processing of personal data collected. Law (2009:967).
paragraph 13 of the decision referred to in this law may not be appealed.
Transitional provisions
2009:967
1. this law shall enter into force on 1 december 2009.
2. activities at the time of entry into force is conducted with the support of
State may be carried out in accordance with the provisions of the earlier announced
until the time of the authorization expires.