Law (2008:717) Signals Intelligence In The Defense Intelligence Operations

Original Language Title: Lag (2008:717) om signalspaning i försvarsunderrättelseverksamhet

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:717

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.