GRAND CHAMBER
CASE OF CENTRUM FÖR RÄTTVISA v. SWEDEN
(Application no. 35252/08)
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 • Shortcomings through: absence of clear rule on destroying
intercepted material not containing personal data; absence of a requirement
to consider privacy of individuals when deciding whether to transmit
intelligence material to foreign partners; dual role of Foreign Intelligence
Inspectorate and absence of reasoned decisions in ex post facto control, not
sufficiently compensated by safeguards
STRASBOURG
25 May 2021
This judgment is final but it may be subject to editorial revision.