Right To Privacy/Family Life

Page 1 of 11

Filter category

Feature post image

A Dangerous Convergence: The Inevitability of Mass Surveillance in European Jurisprudence

Recent Grand Chamber judgments in Big Brother Watch and Others v. United Kingdom and Centrum för Rättvisa v. Sweden held that some aspects of the UK’s and Sweden’s domestic surveillance regimes violated Articles 8 and 10 of the European Convention on Human Rights (“ECHR”). Despite the findings of violation due to insufficient safeguards, the Grand Chamber asserted that “bulk interception is of vital importance to Contracting States in identifying threats to their national security” and “no alternative or combination of alternatives would be sufficient to substitute for the bulk interception power” (BBW ¶ 166; CFR ¶ 365). As has already been discussed on EJIL: Talk!, the judgments normalize mass surveillance regimes for decades to come (see here). An Emerging Convergence: Procedural Fetishism In this post, I do not discuss the judgment in detail or repeat the same argument about the normalization of mass surveillance (although I strongly agree with it). Instead, I suggest that ECtHR’s approach in Big Brother Watch…

Read more

The Grand Normalization of Mass Surveillance: ECtHR Grand Chamber Judgments in Big Brother Watch and Centrum för rättvisa

Yesterday the Grand Chamber of the European Court of Human Rights delivered its most important judgments on electronic mass surveillance (or bulk interception) post-Snowden: Big Brother Watch and Others v. the United Kingdom, nos. 58170/13 etc and Centrum för rättvisa v. Sweden, no.

Read more

We need to talk about citizenship, and race

Citizens and unauthorized migrants seemingly stand at opposite ends of the rights spectrum. While citizenship denotes the “fullest” bundle of rights, the legal status of unauthorized migrant generally entails deprivation of most fundamental rights. Most legal and political theorists conceive this relation as a conceptual dichotomy in which the former functions as rhetorical domain of inclusion, of…

Read more

Foreign Cyber Interference in Elections: An International Law Primer, Part II

Part I of this series examined attribution as the first element of cyber election interference as an internationally wrongful act, and then looked at the prohibition of intervention as a possible primary rule that such interference can breach. Now, in Part II, I will examine the possible breaches of the obligation to respect sovereignty and of international human…

Read more

Contact-tracing Apps and Human Rights

The Covid-19 pandemic engages the full spectrum of states’ human rights obligations. In addressing the virus itself, states are required to protect the rights to life and the highest attainable standard of health (right to health) and ensure that no-one suffers discrimination in access to and the nature of healthcare. States’ (in)action in meeting their obligations to fulfil…

Read more
  • Page 1 of 11
  • Last