SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION when operating abroad. The Court found that foreign telecommunications surveillance conducted by the Federal Intelligence Service (Bundesnachrichtendienst – BND) violated the fundamental right to privacy of telecommunications, under Article 10(1) GG, and freedom of the press, under Article 5(1) GG. The appeal was brought by the Society for Civil Liberties (GFF) in coordination with Reporters Without Borders Germany (RSF), the German Journalists’ Association (DJV), German Journalists’ Union (DJU), the Network for Reporting on Eastern Europe (n-ost) and Netzwerk Recherche, along with several international investigative journalists in relation to alleged spying on journalists and their sources abroad. The constitutional complaint primarily challenged the 2016 amendment to the Federal Intelligence Service Act (Gesetz über den Bundesnachrichtendienst), which created a statutory basis for the telecommunications surveillance of non-German citizens in other countries. The judges reasoned that foreign intelligence gathering was not in theory incompatible with the constitution but needed to be justified, proportional and conducted with stricter oversight. Specifically, all data collection, processing and transfer to foreign entities under surveillance regimes must conform with constitutional obligations. The Court further recommended increased protections for those who could The Supreme Court of be endangered by transfers of such data, and for those “professional groups or groups of persons whose comIsrael held that the Israel munications call for increased confidentiality,” such Security Agency (“ISA”) is not as lawyers and journalists. The challenged provisions constitutionally authorized continue to apply until 31 December 2021 to enable amendments to the statutory bases of telecommunicato collect, process and use tions surveillance. More info here. “technological information” of those who have tested positive for the coronavirus and their close contacts. x. COVID-19 Pandemic surveillance and data protection Brazil: In the case of Federal Council of the Brazilian Bar Association v. President Bolsonaro (2020), the Supreme Court stayed the implementation of a provisional measure which ordered telephone carriers to share all data of their subscribers with the Brazilian statistics agency. After the scheduled census moved from in-person to telephonic interviews, as a result of the COVID-19 pandemic, the Brazilian President enacted the measure, on the request of the statistics agency. The Brazilian Bar Association challenged this measure, arguing that it violated the constitutional protections of the right to privacy, the confidentiality of communications, and respect for private life. The Court held that there was a lack of protective measures and transparency in the measure and that its scope was too broad to justify the significant limitations to the rights to privacy and data protection. A number of the judges’ opinions in the case mentioned surveillance and abuse in data sharing as relevant concerns, underscoring the importance of personal data protection and the chilling effect surveillance has on freedom of expression. More info here. Israel: In the case of Ben Meir v. Prime Minister (2020), the Supreme Court of Israel held that the Israel Security Agency (“ISA”) is not constitutionally authorized to collect, process and use “technological information” of those who have tested positive for the coronavirus and their close 19