Lawyer Robin Lööf believes the law — which allows the National Defence Radio Establishment (Försvarets Radioanstalt – FRA) to intercept all calls, emails and phone text messages crossing Swedish borders — to be in clear breach of fundamental rights governing the movement of goods and services in the European Union.
Lööf told Sweriges Radio that if a lawyer who happened to be in another EU country wanted to represent someone in Sweden, then their communication could no longer be considered confidential.
“The FRA surveillance law is discriminatory in relation to EU law”, he said.
Lööf’s view was supported by Ulf Bernitz, a professor in European Community law. He believes that this aspect of the new FRA legislation may have been forgotten when it was approved by the Swedish parliament.