CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT 35 Furthermore, the Court considers it clear that the measures permitted by Swedish law pursue legitimate aims in the interest of national security by supporting Swedish foreign, defence and security policy and identifying external threats to the country. It therefore remains to be ascertained whether the domestic law is accessible and contains adequate and effective safeguards and guarantees to be considered “foreseeable” and “necessary in a democratic society”. 112. The Court has expressly recognised that the national authorities enjoy a wide margin of appreciation in choosing how best to achieve the legitimate aim of protecting national security (see Weber and Saravia, cited above, § 106). In Weber and Saravia and Liberty and Others the Court accepted that bulk interception regimes did not per se fall outside this margin. Given the reasoning of the Court in those judgments and in view of the current threats facing many Contracting States (including the scourge of global terrorism and other serious crime, such as drug trafficking, human trafficking, sexual exploitation of children and cybercrime), advancements in technology which have made it easier for terrorists and criminals to evade detection on the internet, and the unpredictability of the routes via which electronic communications are transmitted, the Court considers that the decision to operate a bulk interception regime in order to identify hitherto unknown threats to national security is one which continues to fall within States’ margin of appreciation. 113. Nevertheless, it is evident from the Court’s case-law over several decades that all interception regimes (both bulk and targeted) have the potential to be abused, especially where the true breadth of the authorities’ discretion to intercept cannot be discerned from the relevant legislation (see, for example, Klass and Others v. Germany, 6 September 1978, Series A no. 28; Kennedy, cited above; Roman Zakharov, cited above, and Szabó and Vissy v. Hungary, no. 37138/14, 12 January 2016). Therefore, while States enjoy a wide margin of appreciation in deciding what type of interception regime is necessary to protect national security, the discretion afforded to them in operating an interception regime must necessarily be narrower. In this regard, the Court has identified six minimum safeguards that both bulk interception and other interception regimes must incorporate in order to be sufficiently foreseeable to minimise the risk of abuses of power (see paragraph 103 above). 114. Accordingly, adapting these minimum safeguards where necessary to reflect the operation of a bulk interception regime dealing exclusively with national security issues, the following assessment of the interference established (see paragraph 95 above) will address, in turn, the accessibility of the domestic law, the scope and duration of signals intelligence, the authorisation of the measures, the procedures to be followed for storing, accessing, examining, using, communicating and destroying the intercepted

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