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

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 follows verbatim the line of argumentation from previous case law on secret mass surveillance, thus reaffirming once more a high threshold for the protection of the right to private and family life. Continue reading

Benedik v Slovenia: Police need a court order to access subscriber information associated with a dynamic IP address

By Argyro Chatzinikolaou, (Doctoral Researcher), Law & Technology research group, Ghent University

Recently, the Fourth Section of the Court held in its judgement in the case of Benedik v Slovenia that there had been a violation of Article 8 (right to respect for private and family life) with regard to the failure of the Slovenian police to obtain a court order before accessing subscriber information associated with a dynamic IP address[1]. More precisely, according to the Court, the legal provision used by the Slovenian police in order to access subscriber information associated with a dynamic IP address without first obtaining a court order had not met the Convention standard of being ‘in accordance with the law’.
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The Whereabouts Requirement: Does the ECtHR protect the right to respect for private and family life of French sport professionals?

This guest post was written by Cathérine Van de Graaf, a PhD student at Ghent University.

In a judgment on 18 January 2018, the fifth Chamber of the ECtHR found no violation of the right to private and family life in Fédération Nationale des Syndicats Sportifs (FNASS) and Others v France. The case concerned the requirement for a “target group” of sports professionals to notify their whereabouts every day of the year so unannounced anti-doping tests can take place. The Court ruled that public interest grounds justified the “particularly intrusive” interference with the applicants’ privacy.

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Egill Einarsson v Iceland: the Court deals with an offensive Instagram post

This guest post was written by Ingrida Milkaite, Ghent University*

On 7 November 2017 the European Court of Human Rights (the ECtHR, the Court) found a violation of Article 8 of the European Convention on Human Rights. The main issue at hand was the Court’s assessment of whether the right balance between the applicant’s right to privacy (Article 8) and Mr X’s right to freedom of expression (Article 10) was struck by national courts.
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Tamiz v. UK: Google’s blog-publishing service is not liable for offensive comments

This guest post was written by Ingrida Milkaite (Ghent University)*

On 12 October 2017 the European Court of Human Rights (the Court, the ECtHR) decided on the liability of Google Inc. as an information society service provider for offensive comments posted below a blog post about Mr Payam Tamiz. His application filed under article 8 of the European Convention on Human Rights (ECHR, the Convention) was declared inadmissible.

Background and facts Continue reading

Bărbulescu v Romania and workplace privacy: is the Grand Chamber’s judgment a reason to celebrate?

By Argyro Chatzinikolaou, (Doctoral Student), Law & Technology, Faculty of Law, Ghent University

The recent judgment of the Grand Chamber of the ECtHR in the case of Bărbulescu v Romania found that the monitoring of an employee’s email account resulted in the violation of his right to respect for private life and correspondence within the meaning of Article 8 of the ECHR. By overturning last year’s judgment of the Fourth Section, the ECtHR gave relief to many who dreaded that the latter judgment had waived privacy in the workplace. Whether we can afford to be complacent, though, depends upon the grounds on which the violation was reasoned. Continue reading

Publication of a picture of a 3-year-old, representing him as an orphan, violates article 8 ECHR

By Ingrida Milkaite, Ghent University

The case of Bogomolova v. Russia concerns the use of an unauthorised photograph of a minor’s face on the front page of a booklet promoting adoption and help for orphans. It proves that the publication of pictures of children without parental consent may have a significant social impact on the family and may violate article 8 of the European Convention of Human Rights (ECHR), protecting the right to private and family life. Continue reading