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 and further use of personal data for public interest purposes by UK authorities. Catt, however, does not involve an assessment of the data processing regime as such. Rather, it evaluates the specific situation the applicant is in. While the question of adequacy of the legal and regulatory framework surrounding the impugned measures remains unanswered, the processing of the applicant’s data in particular is considered to not pass the necessity test. Noteworthy in any case is that the Court – in contrast to what the EU Court of Justice has decided in the past – reiterates that the indiscriminate collection of personal data is justifiable. With Brexit looming – and the CJEU accordingly soon losing its jurisdiction vis-à-vis Britain –, this development in the Strasbourg case-law is of particular importance. Finally, it is questionable whether Article 8 is in fact the best legal ground for assessing the facts of this case. The discussions these provoked at national may illustrate this point. Continue reading