Big Brother Watch v. The United Kingdom
Case Law- Country
- Country Location
Latitud: 52.32950805122076
Longitud: -1.4047851562500706
- Country Location (vinculado Case Law)
- United Kingdom
- Decision Date
- 13 sept 2018
- Case Status
- Cerrado
- Case Outcome (Procedural)
- Affirmed in Part/Reversed in Part
- Case Outcome (Disposition)
- Violation of a Rule of International Law
- Keywords
- Data Protection and Retention
- Intelligence
- Media/Press
- National Security
- Case Number
- App nos. 58170/13, 62322/14 and 24960/15
- Case Summary
The European Court of Human Rights (Court) found some aspects of the UK's mass surveillance regime to be in violation of the right to privacy and the right to freedom of expression under the European Convention on Human Rights (Convention). The case sought to challenge three different systems of mass surveillance adopted by the UK intelligence services: (1) the bulk interception of communications; (2) intelligence sharing with foreign governments; and (3) the obtaining of communications data from communications service providers. The Court found that a regime of bulk interception was not, in itself, incompatible with the European Convention on Human Rights. Nonetheless, it found the bulk interception regime in the UK to be in violation of the right to privacy and the right to freedom of expression due to, among other things, the lack of independent oversight over the entire process for selecting bearers for interception, identifying the selectors and search terms to be used to filter intercepted communications, and the selection of material to be examined by analysts. The Court also found the regime for obtaining communications data from communications service providers to be incompatible with the Convention because its use was not limited to combatting "serious crime", it was not subject to prior review by a national authority, and it did not sufficiently protect journalists' confidential communications. The Court upheld the compatibility of the UK's intelligence sharing regime with the Convention.
- Case Significance
The decision establishes a binding or persuasive precedent within its jurisdiction.
- Related Caselaw
- Source Name and URL
- Columbia Global Freedom of Expression