Personal Data Protection

Abstract

The applicant, suspected of involvement in bomb attacks by a left-wing extremist movement, complained in particular that his surveillance via GPS and the use of the data obtained thereby in the criminal proceedings against him had violated his right to respect for private life. The Court held that there had been no violation of Article 8 of the Convention. The GPS surveillance and the processing and use of the data thereby obtained had admittedly interfered with the applicant's right to respect for his private life. However, the Court noted, it had pursued the legitimate aims of protecting national security, public safety and the rights of the victims, and of preventing crime. It had also been proportionate: GPS surveillance had been ordered only after less intrusive methods of investigation had proved insufficient, had been carried out for a relatively short period (some three months), and had affected the applicant only when he was travelling in his accomplice's car. The applicant could not therefore be said to have been subjected to total and comprehensive surveillance. Given that the investigation had concerned very serious crimes, the applicant's surveillance by GPS had thus been necessary in a democratic society. 1 . Article 8 of the European Convention on Human Rights provides that: " 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. "