SWEDISH SCENESETTER FOR HSPD-6 NEGOTIATING TEAM VISIT

UNCLAS STOCKHOLM 000704 SIPDIS STATE FOR CA/P/IP BARBARA HALL, PETER THOMPSON, DIANE BEAN AND MARY DOETSCH SENSITIVE E.O. 12958: N/A TAGS: CVIS PREL PM SW SUBJECT: SWEDISH SCENESETTER FOR HSPD-6 NEGOTIATING TEAM VISIT REF: (A) STOCKHOLM 450 (B) STOCKHOLM 510 ¶1. (SBU) Embassy Stockholm welcomes Peter Thompson, Mary Doetsch, Zandra Flemister, and Wynne Teel, October 22-24. We believe, based on MOJ contacts and our political analysis, that the proposed exchange of terrorist screening information is going to be a very hard sell. We should make clear to the Swedes the potential consequences of not reaching an agreement, so that they can accurately assess the issue. ¶2. (SBU) The recently passed surveillance legislation, describer in reftels and locally referred to as the "FRA-law" after the implementing agency, the National Defense Radio Establishment (Frsvarets Radioanstalt),has been very controversial. The law would expand the use of warrantless wiretapping and other surveillance techniques, and is generally considered a big political mistake here in Sweden. With two years to go before the next national election, the government wants to avoid a similar incident and is in the process of significantly modifying the recently passed law to include authorization requirements and oversight by a special court. ¶3. (SBU) The MOJ will have the leading role in concluding any agreement on information exchange. Working level law enforcement counterparts (all under the MOJ) such as the Swedish Security Services (SAPO) have been warned internally to refrain from participating in any discussions on this issue until it has policy level approval. Forced to operate under strict data storage and protection laws for Swedish citizens, they are concerned that the public may perceive their involvement as an attempt to work around these restrictions by using a foreign intermediary (the United States),thus poisoning any chance for success. They have also indicated that they feel current working level exchanges of data work well and that an HSPD-6 agreement will add little substantive value. ¶4. (SBU) The initial MOJ response to a review of the proposed exchange text was that they were uncertain as to whether it fell under an EU competency, or could be concluded bilaterally. If they do proceed bilaterally, the agreement may have to be presented to Parliament under a vague constitutional requirement for "matters of great importance." If so, the process will take considerably longer and be subject to public scrutiny, something the GOS will want to avoid. As the MOJ continues to analyze the proposed text, it is also considering how to craft an arrangement that will avoid the need for parliamentary review. As a result of this uncertainty, they see your October 23 meeting as an opportunity to seek precise details on the type of information the United States wants and overall aim of the agreement, e.g. continued Visa Waiver Program participation or fixing a gap in current information exchange systems. FOUR RELEVANT SWEDISH LAWS -------------- ¶5. (SBU) There are four Swedish laws that may touch upon HSPD-6 negotiations: the Secrecy Act (SFS 1992:1474),the Police Act (SFS 1984:387),the Police Data Act (SFS 1998:622),and the Personal Data Act (SFS 1998:204). The Swedish Secrecy Act enumerates the exceptions to the general principle of public access to all official government documents and activities. The Swedish Police Act regulates police powers of search, arrest, detention and the use of force. The Police Data Act regulates the police (including SAPO) use and storage of personal data during and after investigations. The Personal Data Act brings Swedish privacy law into conformity with the requirements of the European Union (EU) Data Protection Directive (95/46/EC) by essentially incorporates the EU Data Protection Directive into Swedish law. It aims to prevent the violation of personal integrity by the processing of personal data, both automatically (electronically) and manually. WOOD