
European Court of Human Rights, Big Brother Watch and others v. the United Kingdom
- Author
- Dirk Voorhoof (UGent)
- Organization
- Abstract
- Short time after the judgment in Centrum för Rättvisa v. Sweden (IRIS 2018-8:1/3) the European Court of Human Rights (ECtHR) has delivered a new judgment on the bulk interception of communications and intelligence sharing. This time, the ECtHR finds several violations of the ECHR in the UK’s regime for bulk interception of communications, including a violation of the journalists’ right to protect their sources. The ECtHR expresses particular concern about the absence of any published safeguards in the UK relating both to the circumstances in which confidential journalistic material could be selected intentionally for examination, and to the protection of confidentiality where it had been selected, either intentionally or otherwise, for examination. In view of the potential chilling effect that any perceived interference with the confidentiality of their communications and, in particular, their sources might have on the freedom of the press and, in the absence of any published arrangements limiting the intelligence services’ ability to search and examine such material other than where “it was justified by an overriding requirement in the public interest”, the ECtHR finds that the bulk interception regime is in violation of Article 10 ECHR.
- Keywords
- Freedom of expression and information, journalism, protection of sources, bulk interception of telecommunications, right to privacy
Downloads
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IRIS2018.10.1.BigBrotherWatchUK.DV.pdf
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Citation
Please use this url to cite or link to this publication: http://hdl.handle.net/1854/LU-8588280
- MLA
- Voorhoof, Dirk. “European Court of Human Rights, Big Brother Watch and Others v. the United Kingdom.” IRIS (ENGLISH ED. ONLINE), no. 10, European Audiovisual Observatory, 2018.
- APA
- Voorhoof, D. (2018). European Court of Human Rights, Big Brother Watch and others v. the United Kingdom. IRIS (ENGLISH ED. ONLINE), (10).
- Chicago author-date
- Voorhoof, Dirk. 2018. “European Court of Human Rights, Big Brother Watch and Others v. the United Kingdom.” IRIS (ENGLISH ED. ONLINE), no. 10.
- Chicago author-date (all authors)
- Voorhoof, Dirk. 2018. “European Court of Human Rights, Big Brother Watch and Others v. the United Kingdom.” IRIS (ENGLISH ED. ONLINE) (10).
- Vancouver
- 1.Voorhoof D. European Court of Human Rights, Big Brother Watch and others v. the United Kingdom. IRIS (ENGLISH ED ONLINE). 2018;(10).
- IEEE
- [1]D. Voorhoof, “European Court of Human Rights, Big Brother Watch and others v. the United Kingdom,” IRIS (ENGLISH ED. ONLINE), no. 10, 2018.
@article{8588280, abstract = {{Short time after the judgment in Centrum för Rättvisa v. Sweden (IRIS 2018-8:1/3) the European Court of Human Rights (ECtHR) has delivered a new judgment on the bulk interception of communications and intelligence sharing. This time, the ECtHR finds several violations of the ECHR in the UK’s regime for bulk interception of communications, including a violation of the journalists’ right to protect their sources. The ECtHR expresses particular concern about the absence of any published safeguards in the UK relating both to the circumstances in which confidential journalistic material could be selected intentionally for examination, and to the protection of confidentiality where it had been selected, either intentionally or otherwise, for examination. In view of the potential chilling effect that any perceived interference with the confidentiality of their communications and, in particular, their sources might have on the freedom of the press and, in the absence of any published arrangements limiting the intelligence services’ ability to search and examine such material other than where “it was justified by an overriding requirement in the public interest”, the ECtHR finds that the bulk interception regime is in violation of Article 10 ECHR.}}, articleno = {{8405}}, author = {{Voorhoof, Dirk}}, issn = {{1023-8565}}, journal = {{IRIS (ENGLISH ED. ONLINE)}}, keywords = {{Freedom of expression and information,journalism,protection of sources,bulk interception of telecommunications,right to privacy}}, language = {{eng}}, number = {{10}}, pages = {{2}}, publisher = {{European Audiovisual Observatory}}, title = {{European Court of Human Rights, Big Brother Watch and others v. the United Kingdom}}, url = {{http://merlin.obs.coe.int/newsletter.php?year=2018&issue=10&id=16352}}, year = {{2018}}, }