FRA and the European Convention on Human Rights - A Paradigm Shift in Swedish Electronic Surveillance Law

'Overvåking i en Rettstat' in the series Nordisk årbok i rettsinformatikk (Nordic Yearbook of Law and Information Technology),pp. 96-134, Fagforlaget, Bergen 2010

29 Pages Posted: 28 Feb 2010 Last revised: 31 May 2016

Mark Klamberg

Stockholm University - Faculty of Law

Date Written: February 25, 2010

Abstract

Electronic surveillance law is subject to a paradigm shift where traditional principles are reconsidered and the notion of privacy has to be reconstructed. This paradigm shift is the result of four major changes in our society with regard to 1) technology; 2) perceptions of threats, 3) interpretation of human rights and 4) ownership over telecommunications. The above-mentioned changes have created a need to reform both the tools of electronic surveillance and domestic legislation. Surveillance that was previously kept secret is now subject to public debate. The article focuses on systems of “mass surveillance” such as data retention and signals intelligence and whether these are consistent with the European Convention on Human Rights.

Keywords: Electronic Surveillance, Privacy, Signals Intelligence

Suggested Citation

Klamberg, Mark, FRA and the European Convention on Human Rights - A Paradigm Shift in Swedish Electronic Surveillance Law (February 25, 2010). 'Overvåking i en Rettstat' in the series Nordisk årbok i rettsinformatikk (Nordic Yearbook of Law and Information Technology),pp. 96-134, Fagforlaget, Bergen 2010. Available at SSRN: https://ssrn.com/abstract=1558843

Mark Klamberg (Contact Author)

Stockholm University - Faculty of Law ( email )

S-106 91 Stockholm
Sweden
+46 8 16 11 90 (Phone)
+46 8 612 41 09 (Fax)

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