SPECIAL COLLECTION OF THE CASE LAW ON FREEDOM OF EXPRESSION
III. Case law
A. Cases where privacy and free expression have a mutually reinforcing relationship
In the following pages, we have systematized cases from different jurisdictions in which the
protection of privacy has led to the protection of freedom of expression. Cases are ordered by
topic, country, and court of origin. In most cases, the paper does not explain the criteria used by
judges to solve them, since the document only systematizes the summaries of the cases in our
database that were prepared by researchers and experts affiliated with our program. However, at
the end of each case summary, we have included a link to the database entry of the case, in which
it is possible to find a more detailed description of the facts of the case and the court’s arguments,
a list of references of the international standards and case law cited in the decision, an evaluation
of the decision and the link to the original document, among other things.
i. National security and surveillance1
ECtHR2: In the case of Big Brother Watch and Others v. The United Kingdom (No. 2)
(2021), the Grand Chamber concluded that section 8(4) and Chapter II of the UK’s Regulation of
Investigatory Powers Act (“RIPA”) had violated the rights to privacy and freedom of expression
of the European Convention on Human Rights (Convention). The applicants argued about the
compatibility of three electronic surveillance programs operated by the UK’s Government Communications Headquarters (GCHQ) with the Convention. These programs were the following:
(i) Bulk interception under the TEMPORA program, which stored and managed large volumes
of data drawn from bearers; (ii) the intelligence-sharing regime with foreign countries, particularly the United States of America through the PRISM and Upstream programs; and, (iii) the
procurement of communications data from communications service providers (CSPs). The three
complaints were submitted after Edward Snowden’s disclosures revealing surveillance programs
managed by both the intelligence services of the United States of America and the United Kingdom. The Grand Chamber found that the UK’s regimes on bulk interception and obtaining data
from communications service providers had violated the Convention as the following deficiencies
were detected: (i) the absence of independent authorization and oversight (the so-called “end-toend safeguards”); (ii) no categories of selectors were included in the applications for a warrant;
(iii) there was no prior internal approval of the selectors linked to an identifiable individual, and
1
The following Courts have also analyzed the impact of national security and surveillance on the rights of freedom of
expression and privacy: United Sates: John Doe, Inc. v. Mukasey (2008), Appellate Court. More info here. Kenya: In the case
of Okoiti v. Communications Authority (2018), First Instance Court. More info here. United Kingdom: Secretary of State for
the Home Secretary v. Watson (2018), Appellate Court. More info here; Davis v. Home Secretary (2015), First Instance Court.
More info here.
2 The following text, and the other case summaries here systematized, reproduces the summary and outcome section
of the case analysis of this ruling included in our database, as made by experts and researchers affiliated to the program.
The full text of the case analysis, and the original judgement, can be accessed through the link at the end.
11
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos