WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT
rights increased as the bulk interception process progressed (ibid, § 330). The
principal interference with the Article 8 rights of the sender or recipient was
therefore the searching, examination and use of the intercepted
communications.
91. In the context of the section 8(4) regime each of the steps which
constituted an interference with the privacy of electronic communications,
being the interception and, more particularly, the searching, examining and
subsequent use of those intercepted communications, were carried out by the
United Kingdom intelligence agencies acting – to the best of the Court’s
knowledge within United Kingdom territory.
92. It is the Government’s contention that any interference with the
applicants’ private lives occasioned by the interception, storage, searching
and examination of their electronic communications could not be separated
from their person and would therefore have produced effects only where they
themselves were located – that is, outside the territory of the United Kingdom
(see paragraph 77 above).
93. However, such an approach is not supported by the case-law of the
Court. Although there are important differences between electronic
communications, for the purposes of Article 8 of the Convention, and
possessions, for the purposes of Article 1 of Protocol No. 1, it is nevertheless
the case that an interference with an individual’s possessions occurs where
the possession is interfered with, rather than where the owner is located (see,
for example, Anheuser-Busch Inc. v. Portugal [GC], no. 73049/01,
ECHR 2007-I). Similarly, in the specific context of Article 8, it could not
seriously be suggested that the search of a person’s home within a Contracting
State would fall outside that State’s territorial jurisdiction if the person was
abroad when the search took place. While some of the elements of a person’s
private life (for example, physical integrity) may not readily be separated
from his or her physical person, that is not necessarily the case for all such
elements. For example, in Von Hannover v. Germany (no. 59320/00,
ECHR 2004-VI) the Court appeared to accept that the interference with the
applicant’s private life which flowed from the publication by German
magazines of photographs of her took place in Germany, where the
photographs had been published and viewed by the magazines’ readership
(ibid., §§ 53 and 76-81), even though the applicant lived in France and had
her official residence in Monaco (ibid., § 8), and the photographs in question
had been taken in Austria, France and Monaco (ibid., §§ 11-17). Similarly, in
Arlewin v. Sweden (no. 22302/10, §§ 63 and 65, 1 March 2016) the Court
found that injury to the applicant’s privacy and reputation occasioned by the
broadcast of a television programme took place in Sweden, where the
programme was broadcast, and not in the United Kingdom, where the
broadcaster had its head office.
94. Turning to the facts of the case at hand, the interception of
communications and the subsequent searching, examination and use of those
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