12 CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT H. Notification of secret surveillance measures 44. If search terms directly related to a specific natural person have been used, he or she is to be notified by the FRA, according to the Signals Intelligence Act. The notification shall contain information on the date and purpose of the measures. Such notification shall be given as soon as it can be done without detriment to the foreign intelligence activities, but no later than one month after the signals intelligence mission has been concluded (section 11a). 45. However, the notification may be delayed if secrecy so demands, in particular defence secrecy or secrecy for the protection of international relations. If, due to secrecy, no notification has been given within a year from the conclusion of the mission, the person does not have to be notified. Furthermore, a notification shall not be given if the measures solely concern the conditions of a foreign power or the relationship between foreign powers (section 11b). I. Remedies 46. The Signals Intelligence Act provides that the Foreign Intelligence Inspectorate, at the request of an individual, must investigate if his or her communications have been intercepted through signals intelligence and, if so, verify whether the interception and treatment of the information have been in accordance with law. The Inspectorate shall notify the individual that such an investigation has been carried out (section 10a). A request can be made by legal and natural persons regardless of nationality and residence. During the period 2010-2017, 132 requests were handled and no unlawfulness was established. In 2017, ten such requests were processed; in 2016 the number was 14. The Inspectorate’s decision following a request is final. 47. Under the FRA Personal Data Processing Act, the FRA is also required to provide information upon request. Once per calendar year, an individual may demand information on whether personal data concerning him or her is being or has been processed. If so, the FRA must specify what information on the individual is concerned, from where it was collected, the purpose of the treatment and to which recipients or categories of recipients the personal data is or was reported. The information is normally to be given within one month from the request (Chapter 2, section 1). However, this right to information does not apply if disclosure is prevented by secrecy (Chapter 2, section 3). 48. Following a request from the individual who has had personal data registered, the FRA shall promptly correct, block or destroy such data that has not been processed in accordance with law. The FRA shall also notify any third party who has received the data, if the individual so requests or if

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