10 CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT review compliance with the Signals Intelligence Act by examining in particular the search terms used, the destruction of intelligence and the communication of reports; if an inspection reveals that a particular intelligence collection is incompatible with a permit, the Inspectorate may decide that the operation shall cease or that the intelligence shall be destroyed (section 10 of the Signals Intelligence Act). The FRA shall report to the Inspectorate the search terms which directly relate to a specific natural person (section 3 of the Signals Intelligence Ordinance). 37. The Foreign Intelligence Inspectorate is led by a board whose members are appointed by the Government on terms of at least four years. The president and the vice-president shall be or have been permanent judges. Other members are selected from candidates proposed by the party groups in the Parliament (section 10 (3) of the Signals Intelligence Act). 38. Any opinions or suggestions for measures arising from the Inspectorate’s inspections shall be forwarded to the FRA, and if necessary also to the Government. The Inspectorate also submits annual reports on its inspections to the Government (section 5 of the Foreign Intelligence Inspectorate Instructions Ordinance), which are made available to the public. Furthermore, if the Inspectorate notices potential crimes, it shall report the matter to the Prosecution Authority (Åklagarmyndigheten), and, if deficiencies are discovered that may incur liability for damages for the State, a report shall be submitted to the Chancellor of Justice (Justitiekanslern). A report may also be submitted to the Data Protection Authority (Datainspektionen), which is the supervisory authority on the treatment of personal data by the FRA (section 15). 39. From the establishment of the Inspectorate in 2009 until and including 2017, the latest year covered by its annual reports, no inspections have revealed reasons to cease an intelligence collection or to destroy the results. During the same period, the Inspectorate submitted several opinions and suggestions to the FRA and one to the Government. In the annual reports, brief descriptions have been given of the 102 inspections undertaken at the FRA; they have included numerous detailed examinations of the search terms used, the destruction of intelligence, the communication of reports, the treatment of personal data and the overall compliance with the legislation, directives and permits relevant to the signals intelligence activities. For instance, an inspection in 2014 concerned a general review of the FRA’s cooperation with other states and international organisations in intelligence matters. It did not give rise to any opinion or suggestion to the FRA. In 2017 the Inspectorate carried out a detailed inspection of the treatment by the FRA of personal data. The inspection concerned treatment of sensitive personal data in connection with strategic circumstances with regard to international terrorism and other serious cross-border crime threatening significant national interests. The inspection did not give rise to any opinion or suggestion. However, during that year, one opinion was

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