Case of Roman Zakharov v. Russia: The Strasbourg follow up to the Luxembourg Court’s Schrems judgment

By Paul De Hert and Pedro Cristobal Bocos (Vrije Universiteit Brussels)

The judgment of the Grand Chamber of the European Court of Human Rights in Roman Zakharov v. Russia last December 4, 2015 is part of the growing concern that some international human rights protection bodies have developed in the area of digital rights. This has been reflected at the European level with the judgment of the Court of Justice of the European Union that cancels the Safe Harbor decision – Maximillian Schrems v. Data Protection Commissioner – and the European Parliament resolution of 29 October on the mass surveillance of European citizens that recognizes, among other things, the important role played by Edward Snowden. The case comes also amid the growing concern of the United Nations (UN) on the matter that has resulted in resolution 68/167 of the General Assembly, in the reports and remarks of the High Commissioner for Human Rights (OHCHR), for example in September 2013 and in February 2014, and in the creation in July 2015 of a special rapporteur on the right to privacy.

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