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Tag Archives for " ECHR "

ECHR dismisses Privacy International case on UK state hacking

The European Court of Human Rights (ECHR) dismissed the claim Privacy International and coalition of internet and communications service providers and campaign groups for failure to pursue all domestic remedies.

Coalition in ECHR challenged the conduct of hacking operations abroad by one of the UK’s intelligence agencies, the Government Communications Headquarters (GCHQ), and originated in the Investigatory Powers Tribunal (IPT), which hears claims against the UK intelligence agencies.

Source: PI’s statement on the ECtHR decision in Privacy International v. UK | Privacy International

Russian use of facial recognition technology challenged at ECHR

Activist Alyona Popova and politician Vladimir Milov have lodged a complaint to the European Court of Human Rights (ECHR) about Russia’s use of facial recognition technology.

The lawsuit is the first laid before the court challenging use of the technology for mass surveillance, according to Human Rights Watch, citing Popova’s and Milov’s lawyer, Kirill Koroteyev.

Source: Russian use of facial recognition technology challenged at ECHR

Police keeping drink-driver’s DNA breached his rights, Human Rights Court rules

UK police who indefinitely retained in their records the DNA profile of a man convicted of drink-driving breached his human rights, Strasbourg judges have ruled.

Gaughran had complained that the Police Service of Northern Ireland’s continued retention of his DNA profile (the digital record of his DNA sample), fingerprints and a photograph was a breach of his privacy.

Gaughran was arrested for drink-driving in 2008 and pleaded guilty at Newry magistrates court. He was disqualified from driving for a year.

The judges said Gaughran’s biometric data had been held without reference to the severity of his offence. The UK’s regulations failed to strike a fair balance between competing public and private interests, the ECHR concluded.

Source: Police keeping drink-driver’s DNA breached his rights, judges rule | UK news | The Guardian

ECHR rules uninterrupted CCTV surveillance of detainees is breach of privacy

The case originated in three applications against the Russian Federation lodged with the European Court of Human Rights (Court). The applicants complained, in particular, that constant surveillance of their cells, at times by female guards, by closed-circuit television cameras had violated their right to respect for their private life, as guaranteed by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

The Court found that the permanent CCTV camera monitoring of the applicants, all in detention, breached their right to private life in contravention of Article 8 of the Convention.

Read ruling

European Court of Human Rights to Reexamine Bulk Collection

On February 5, the European Court of Human Rights (ECtHR) announced that the Grand Chamber will reexamine two cases concerning bulk interception: the joined petitions of Big Brother Watch and Others v. United Kingdom, Bureau of Investigative Journalism and Alice Ross v. the United Kingdom, and 10 Human Rights Organisations v. the United Kingdom (collectively called “Big Brother Watch”), and Centrum för rättvisa v. Sweden (“Centrum”).

Source: European Court of Human Rights to Reexamine Bulk Collection

Bulk surveillance is always bad, say human rights groups

A band of human rights organisations have appealed against a top European court’s ruling on bulk surveillance, arguing that any form of mass spying breaches rights to privacy and free expression.

The group, which includes Liberty, Privacy International and the American Civil Liberties Union, has taken issue with parts of a September judgment from the European Court of Human Rights.

Full article: Bulk surveillance is always bad, say human rights orgs appealing against top Euro court • The Register

GCHQ data collection regime violated human rights, court rules

UK’s spy agency GCHQ’s methods for bulk interception of online communications violated privacy and failed to provide sufficient surveillance safeguards, the European court of human rights has ruled. However, court found that GCHQ’s regime for sharing sensitive digital intelligence with foreign governments was not illegal and explicitly confirmed that bulk interception with tighter safeguards was permissible.

The ruling, which follows Edward Snowden’s whistleblowing revelations, is a comprehensive assessment by the ECHR of interception operations carried out until recently by UK intelligence agencies.

Source: GCHQ data collection regime violated human rights, court rules | UK news | The Guardian

Top Human Rights Court Denies Right to be Forgotten in Old Murder Case

On June 28, 2018, the European Court of Human Rights decided that Germany had correctly denied two individuals their “right to be forgotten” requests in connection with press archives relating to a 1991 murder. The two individuals were convicted of the murder of a well-known German actor.

Source: Top Human Rights Court Denies Right to be Forgotten in Old Murder Case

Brussels seeks to tie UK to European human rights court after Brexit

Brussels is seeking to bind the UK to the European court of human rights – which is entirely separate to the EU’s institutions – after Brexit in a move likely to infuriate those in the Conservative party championing a break with the Strasbourg court, which they say restricts parliamentary sovereignty.

A document outlining the European commission’s position on future judicial and police cooperation stipulates there will be a “guillotine clause” on any security deal should the UK leave the remit of the court.

Source: Brussels seeks to tie UK to European human rights court after Brexit | Law | The Guardian

Brief case-law companion for the GDPR professional

This collection of quotes from relevant case-law has been compiled with the purpose of being useful to all those working with EU data protection law.

This is a collection of specific findings of the Court of Justice of the EU (CJEU), the European Court of Human Rights (ECtHR) and one bonus finding of the German Constitutional Court.

Read full article: Brief case-law companion for the GDPR professional

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