42 CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT destruction of data that had been collected in a way that was incompatible with a permit issued by the Foreign Intelligence Court. (β) The Court’s assessment 144. The Court notes that personnel at the FRA treating personal data are security cleared and, if secrecy applies to the personal data, subject to confidentiality. They are under an obligation to handle the personal data in a safe manner. Also, they could face criminal sanctions if tasks relating to the treatment of personal data are mismanaged (see paragraph 30 above). Furthermore, the FRA must ensure that personal data is collected only for certain expressly stated and justified purposes, determined by the direction of the foreign intelligence activities through tasking directives. The personal data treated also has to be adequate and relevant in relation to the purpose of the treatment. No more personal data than what is necessary for that purpose may be processed. All reasonable efforts have to be made to correct, block and obliterate personal data which is incorrect or incomplete in relation to the purpose (paragraph 28). 145. Contrary to the applicant’s claim, there are several provisions regulating the situations when intercepted data has to be destroyed. For example, intelligence must be destroyed immediately if it 1) concerns a specific natural person and has been determined to lack importance for the purpose of the signals intelligence, 2) is protected by constitutional provisions of secrecy for the protection of anonymous authors or media sources, 3) contains information shared between a criminal suspect and his or her counsel and is thus protected by attorney-client privilege, or 4) involves information given in a religious context of confession or individual counselling, unless there are exceptional reasons for examining the information (see paragraph 25 above). Moreover, if communications have been intercepted between a sender and receiver both in Sweden, despite the ban on the interception of such communications, they must be destroyed as soon as their domestic nature has become evident (paragraph 26). Also, where a temporary permit granted by the FRA has been revoked by the Foreign Intelligence Court, all intelligence collected on the basis of that permit must be immediately destroyed (paragraph 27). 146. Although the FRA may maintain databases for raw material containing personal data up to one year, it has to be kept in mind that raw material is unprocessed information. That is, it has yet to be subjected to manual treatment. The Court accepts that it is necessary for the FRA to store raw material before it can be manually processed. At the same time, the Court stresses the importance of deleting such data as soon as it is evident that it lacks pertinence for a signals intelligence mission. 147. In sum, examining the legislation on storing, accessing, examining, using and destroying intercepted data, the Court is satisfied that it provides adequate safeguards against abuse of treatment of personal data and thus

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