Bulk Interceptio of Communications: Are We Dropping in Totalitarianism?

Abstract

Authors in this work deal with bulk interception of communications and its relationship with the right to privacy. At the center of the debate are new ECtHR’s judgments in cases Big Brother Watch and Others v. the United Kingdom and Centrum för Rättvisa v. Sweden. The ECtHR decided to develop new criteria regarding bulk surveillance because the developed six criteria are more than ten years old. However, this approach may be questionable given the relatively new judgments in the same matter but in which the old approach is taken. This work is divided into several parts. After introductory remarks, the authors briefly explain the main human rights documents regarding the bulk interception of communications and the right to privacy. After that, they explain the approach of the European Court of Human Rights. In the first place, they explain the general principles relating to secret measures of surveillance, including the interception of communications, after which he explains ECtHR’s approach in bulk surveillance cases and the ECtHR approach to be followed in bulk interception cases.