CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT 11 submitted to the Government following an inspection of whether the FRA’s intelligence activities were carried out within the direction given. During the years 2009-2017 the Inspectorate found reason to make a report to another authority – the Data Protection Authority – on one occasion, concerning the interpretation of a legal provision. In its annual reports, the Inspectorate has noted that it has been given access to all the information necessary for its inspections. 40. The supervisory activities of the Foreign Intelligence Inspectorate have been audited by the National Audit Office (Riksrevisionen), an authority under Parliament. In a report published in 2015 the Office noted that the FRA had routines in place for handling the Inspectorate’s opinions and that the supervision helped develop the activities of the FRA. Suggestions were dealt with in a serious manner and, when called for, gave rise to reforms. At the same time the Office criticised the Inspectorate’s lack of documentation of inspections and that there were no clearly specified goals for the inspections. 41. Within the FRA there is a Privacy Protection Council tasked with continuously monitoring measures taken to ensure protection of personal integrity. The members are appointed by the Government. The Council shall report its observations to the FRA management or, if the Council finds reasons for it, to the Inspectorate (section 11 of the Signals Intelligence Act). 42. Further provisions on supervision are found in the FRA Personal Data Processing Act. The FRA shall appoint one or several data protection officers and report the appointment to the Data Protection Authority (Chapter 4, section 1). The data protection officer is tasked with independently monitoring that the FRA treats personal data in a legal and correct manner and point out any deficiencies. If deficiencies are suspected and no correction is made, a report shall be submitted to the Data Protection Authority (Chapter 4, section 2). 43. The Data Protection Authority, which is an authority under the Government, has on request access to the personal data that is processed by the FRA and documentation on the treatment of personal data along with the security measures taken in this regard as well as access to the facilities where personal data is processed (Chapter 5, section 2). If the Authority finds that personal data is or could be processed illegally, it shall try to remedy the situation by communicating its observations to the FRA (Chapter 5, section 3). It may also apply to the Administrative Court (förvaltningsrätten) in Stockholm to have illegally processed personal data destroyed (Chapter 5, section 4).

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