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