DramaContemporary: Germany

Weber, Carl Maria von

doi:10.56021/9780801852794

Cited by 1 publication

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“…225 Crucially, in its admissibility decision on Weber and Saravia, the ECtHR considered strategic monitoring, whereby information was collected by intercepting telecommunications indiscriminately in order to avert serious dangers, or commission of international terrorist attacks in Germany. 226 This surveillance method, which did not require targeted individualised suspicion, was found to adhere to the requirements of proportionality as required under Article 8 ECHR on the basis that the intercepted communications were filtered in the later stage by using "keywords" that were capable of triggering an investigation into the dangers for which interception initially was implemented. 227 This meant that the legislation contained 'adequate safeguards against the arbitrary use' as it defined the categories of people who may be subjected to the strategic monitoring.…”

Section: Automated Analysis On the Horizonmentioning

confidence: 99%

Data retention and the future of large‐scale surveillance: The evolution and contestation of judicial benchmarks

Mitsilegas¹,

Guild²,

Kuşkonmaz³

et al. 2022

European Law Journal

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Recent and upcoming judgments of the Court of Justice of the European Union (CJEU) have resurfaced a much-debated topic on the legal limitations of law enforcement authorities and intelligence services under EU law in implementing surveillance operations. In its decisions, the CJEU has reinstated and at times remoulded its case-law on data retention, unearthing a variety of legal issues. This article aims to critically analyse the legal limitations of (indiscriminate) surveillance measures, the role of the private sector in the scheme, and the line between the competence of the Member States and that of the EU on national security matters. It also aims to remark on the latest developments on the reception of the decisions by the Member States and the EU legislator, as well as on the ongoing dialogue between the CJEU and the European Court of Human Rights (ECHR).

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Section: Automated Analysis On the Horizonmentioning

confidence: 99%