FOURTH SECTION
CASE OF WIEDER AND GUARNIERI v. THE UNITED KINGDOM
(Applications nos. 64371/16 and 64407/16)
JUDGMENT
Art 1 • Jurisdiction of States • Alleged bulk interception of communications
of applicants, living outside the respondent State, fell within respondent
State’s territorial jurisdiction • Interference with privacy of communications
occurs where they are intercepted, searched, examined and used and the
resulting injury to privacy rights of sender and/or recipient also takes place
there
Art 8 • Private life • Finding of a violation based on reasons identified in Big
Brother Watch and Others v. the United Kingdom [GC] • Fundamental
deficiencies present in bulk interception regime, through absence of
independent authorisation, failure to include categories of selectors in the
application for a warrant, and failure to subject selectors linked to an
individual to prior internal authorisation
STRASBOURG
12 September 2023
This judgment will become final in the circumstances set out in Article 44 § 2 of the
Convention. It may be subject to editorial revision.