Big Brother Watch and Others v. the United Kingdom

Abstract

JUDGMENT Art 8 • Private life • Convention compliance of secret surveillance regime including bulk interception of communications and intelligence sharing • Need to develop case-law in light of important differences between targeted interception and bulk interception • Adapted test for examining bulk interception regimes through global assessment • Focus on "end-to-end safeguards" to take into account the increasing degree of intrusion with privacy rights as the bulk interception process moves through different stages • 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 • Sufficient foreseeability and safeguards in regime for receipt of intelligence from foreign intelligence services • Regime for acquisition of communications data from communications service providers not "in accordance with law" Art 10 • Freedom of expression • Insufficient protection of confidential journalist material under electronic surveillance schemes STRASBOURG 25 May 2021 This judgment is final but it may be subject to editorial revision.