Strasbourg Observers

View posts from: Mass Surveillance

  • Cristina Cocito

Glukhin v. Russia: facial recognition considered highly intrusive but not inconsistent with fundamental rights

January 09, 2024

By Cristina Cocito In Glukhin v. Russia of 4 July 2023, the European Court of Human Rights (ECtHR) delivered an important ruling on the fundamental rights implications of technology. The case concerns compliance of facial recognition technology (hereafter FRT) with human rights. The judgment underlines the ‘highly intrusive’ nature of FRT. Most importantly, it finds […]

  • Maria Tzanou

Bulk transborder surveillance, foreign nationals and the application of ECHR rights: Wieder and Guarnieri v. the UK– a seminal (but underwhelming) judgment

November 21, 2023

By Maria Tzanou Do persons outside an ECHR Contracting State fall within the Convention’s territorial jurisdiction if their electronic communications were (or were at risk of being) intercepted, searched and examined by that State’s intelligence agencies operating within its borders for the purposes of a complaint under Article 8 ECHR? The ECtHR’s Fourth Section judgment […]

  • Diana Dimitrova

Ekimdzhiev and Others v. Bulgaria: Secret Surveillance and Electronic Communications Surveillance Only with Adequate Safeguards, or Nothing New Under the Sun

March 02, 2022

By Diana Dimitrova Introduction In the past years, the European Court of Human Rights (the Court) has been asked numerous times to examine different aspects of the Council of Europe’s Member States’ (secret) surveillance regimes, ranging from (mass) secret surveillance against their own residents to bulk surveillance or interception of electronic communications coming from abroad. […]

  • Dr. Eliza Watt

Much Ado About Mass Surveillance – the ECtHR Grand Chamber ‘Opens the Gates of an Electronic “Big Brother” in Europe’ in Big Brother Watch v UK

June 28, 2021

By Dr Eliza Watt, researcher in cyber law, lecturer in law, Middlesex University, London, UK. On 25 May 2021 the Grand Chamber (GC) of the European Court of Human Rights (ECtHR, the Court) handed down its much-anticipated decision in Big Brother Watch and Others v the UK (Big Brother Watch). The case is of vital […]

  • Guest Blogger

Big brother may continue watching you

October 12, 2018

By Judith Vermeulen (PhD Candidate, Law & Technology Research Group, Ghent University) On 13 September 2018, more than five years after Edward Snowden revealed the existence of electronic (mass) surveillance programmes run by the intelligence services of the United States of America and the United Kingdom, the European Court of Human Rights (‘ECtHR’) found two […]

  • Guest Blogger

“Bulk interception of communications in Sweden meets Convention standards”: the latest addition to mass surveillance case law by the European Court of Human Rights

July 09, 2018

By Plixavra Vogiatzoglou, Legal Researcher, KU Leuven Centre for IT and IP Law (CiTiP) On 19th June 2018, the Third Section of the Court, in its judgment in the case Centrum för Rättvisa v. Sweden, ruled that the bulk interception of communications scheme of the Foreign Intelligence of Sweden meets the Convention standards. This ruling […]