GRAND CHAMBER
CASE OF BIG BROTHER WATCH AND OTHERS
v. THE UNITED KINGDOM
(Applications nos. 58170/13, 62322/14 and 24960/15)
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.