Strasbourg Observers

View posts from: Right to Private Life

  • 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 […]

  • Ina Xhepa

Xhoxhaj v. Albania: The Aftermath of the Vetting Process in Albania

June 25, 2021

By Ina Xhepa, lawyer and Executive Director at the European Centre (Albania) Over the last decade, the Albanian judiciary was considered to be one of the weakest aspects of the functioning of the rule of law in the country. Field surveys revealed high levels of corruption and led to the loss of citizen’s trust towards […]

  • Guest Blogger

Pişkin v. Turkey: Observations on the failure of the Lawfulness Test and the Engel Criteria within the context of the Turkish Purge

March 29, 2021

By Hakan Kaplankaya, former Turkish diplomat, jurist, INSTITUDE member On 15 December 2020, the European Court of Human Rights (ECtHR/the Court) delivered its first judgment regarding the purge of a public employee as per the first of the notorious emergency legislative decrees adopted by the Turkish government in the aftermath of the controversial coup attempt […]

  • Guest Blogger

The right to privacy used as a modern pillory in L.B. v. Hungary

March 01, 2021

By Liesa Keunen, PhD researcher at Ghent and Antwerp University, Belgium. Liesa Keunen is working on the research project ‘Tax audits on big data: exploring the legitimacy and limits in light of the prohibition of fishing expeditions’ (Ghent & Antwerp University, FWO). She is also a member of the research group Law & Technology, the […]

  • Guest Blogger

X and Y v. Romania: the ‘impossible dilemma’ reasoning applied to gender affirming surgery as a requirement for gender recognition

February 25, 2021

By Sarah Schoentjes, PhD Researcher at the Human Rights Centre of Ghent University, and Dr. Pieter Cannoot, Postdoctoral Researcher at the Human Rights Centre of Ghent University and Visiting Professor at the University of Antwerp In the case of X and Y v. Romania, the ECtHR has declared one more abusive requirement for gender recognition […]

  • Guest Blogger

Is begging speech? Assessing Judge Keller’s concurring opinion in Lăcătuş v. Switzerland

February 12, 2021

By Dr Dimitrios Kagiaros, Assistant Professor in Public Law and Human Rights, University of Durham In its judgment in Lăcătuş v. Switzerland, the European Court of Human Rights (‘the Court’) held that fining and imprisoning the applicant for begging amounted to a violation of Article 8 of the Convention. While the judgment raises many important issues […]

  • Corina Heri

Beg your Pardon!: Criminalisation of Poverty and the Human Right to Beg in Lăcătuş v. Switzerland

February 10, 2021

By Corina Heri, postdoctoral researcher at University of Zürich Begging can be framed in different ways. For city tourism officials, it’s a problem of branding. For local legislatures, it’s an opportunity to show a ‘tough on crime’ stance. For the people who beg themselves, begging can mean survival. But, until recently anyway, the European Court […]

  • Guest Blogger

Regulating Signals intelligence

July 13, 2020

Iain Cameron is professor in public international law at Uppsala University Introduction For European states, an important factor pushing towards better regulation of security agencies generally has been the ECHR. The work of “signals intelligence” agencies (collecting metadata and the content of electronic mail and voice communications) came to prominence following the allegations of “mass […]

  • Guest Blogger

The ECHR and the right to have a criminal record and a drink-drive history erased

May 20, 2020

By Jurij Toplak The ECHR’s Article 8 guarantees a right to have data related to criminal procedures reviewed and, after some time and in most cases, removed. In this blog post, I will first summarise the case law of the European Court of Human Rights (ECHR or “the Court”) on the retention, review, and removal of […]

  • Guest Blogger

Indiscriminate Covid-19 location tracking (Part II): Can pandemic-related derogations be an opportunity to circumvent Strasbourg’s scrutiny?

May 05, 2020

By Ilia Siatitsa and Ioannis Kouvakas Yesterday, we argued that blanket mobile phone location tracking measures that aim at containing the spread of the Covid-19 pandemic cannot be regarded as strictly necessary due to their indiscriminate nature and the existence of less intrusive alternatives with potentially similar effectiveness. In this second blog post, we reflect […]

  • Guest Blogger

Indiscriminate Covid-19 location tracking (Part I): Necessary in a democratic society?

May 04, 2020

By Ilia Siatitsa and Ioannis Kouvakas In his recent interview on The Intercept, Edward Snowden questioned whether the measures implemented by authorities amid the pandemic are necessary to safeguard people, as well as, whether the pandemic is seen by governments as just another opportunity to make us acquiesce to mass surveillance. In a scramble to […]

  • Guest Blogger

Bulk retention of private-sector subscriber data for governmental purposes does not violate the Convention: Breyer v. Germany

March 05, 2020

Judith Vermeulen is a doctoral researcher and a member of the Law & Technology research group, the Human Rights Centre and PIXLES at Ghent University. On January 30, 2020, in the case of Breyer v. Germany, the European Court of Human Rights ruled by six votes to one that the – legally required – indiscriminate […]

  • Guest Blogger

Abdyusheva and Others v. Russia: a Sadly Missed Opportunity

January 08, 2020

By Valérie Junod and Olivier Simon On November 26. 2019, the ECtHR issued a 6 to 1 judgment finding that Russia had not breached the right of the complainants when it denied them access to methadone and buprenorphine (these two medicines are hereafter abbreviated to M/B) for treating their duly diagnosed opioid dependence syndrome (ODS). […]

  • Guest Blogger

López Ribalda and Others v. Spain – covert surveillance in the workplace: attenuating the protection of privacy for employees

December 06, 2019

Fotis Bregiannis is a doctoral researcher in the field of European Labour Law at UCLouvain. He works at the social law department of the Centre for the Interdisciplinary Research in Law, Enterprise and Society (CRIDES) and is currently writing a doctoral dissertation on EU legal instruments imposing information-related obligations on MNEs (EWC Directive, 2014/95 Directive). Argyro […]

  • Guest Blogger

Stuck in the middle with Papageorgiou: Missed or new opportunities?

November 27, 2019

Effie Fokas is a political scientist and a Senior Research Fellow at the Hellenic Foundation for European and Foreign Policy, Research Associate of the London School of Economics Hellenic Observatory, and member of the Henry Luce/Leadership 100 project on Orthodoxy and Human Rights (Orthodox Christian Studies Center, Fordham University). She was also Principal Investigator of […]

  • Guest Blogger

Suspicionless Stop and Search Powers at the Border and Article 8: Beghal v United Kingdom

April 18, 2019

By John Ip, University of Auckland Faculty of Law On 28 February 2019, the First Section Chamber of the European Court of Human Rights (ECtHR) delivered its decision in Beghal v United Kingdom, a de facto appeal from a 2015 UK Supreme Court decision concerning the question of whether Schedule 7 to the Terrorism Act […]

  • Guest Blogger

Another case of violating privacy and personal data protection: Catt v. the United Kingdom

February 22, 2019

This blogpost was written by Judith Vermeulen, PhD researcher in the Law and Technology Research Group at Ghent University. Shortly after Big Brother Watch (see also the blogpost for this case), the European Court of Human Rights again had the opportunity to pronounce itself on the compatibility of Article 8 ECHR with the collection, retention […]

  • Guest Blogger

S.V. v. Italy: on temporality and transgender persons

October 19, 2018

By Pieter Cannoot, PhD Researcher at the Human Rights Centre of Ghent University On 11 October 2018, the European Court of Human Rights found a violation of Article 8 ECHR in a case involving a transsexual woman called S.V. The application concerned the Italian authorities’ refusal to authorise S.V. officially changing her first name on […]

  • 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 […]

1 2 3 4