ARTICLE 19 welcomes the European Court of Human Rights’ decision in favor of human rights activists from Poland, Germany, and other European nations, challenging mass secret surveillance practices. This ruling represents a landmark victory in curbing the unrestricted access of police and intelligence agencies to communications data, not just in Poland but across Europe. It emphasizes the pressing need for comprehensive safeguards that better protect the fundamental rights to freedom of expression and privacy throughout the region.
Over the years, ARTICLE 19 has urged governments, including those in Poland and Germany, to halt mass surveillance practices and enhance transparency and oversight of secret services and law enforcement agencies. The organization has also raised concerns about the deployment of surveillance technologies like spyware against opposition figures and the increasing statutory powers granted to intelligence agencies in various European countries.
The European Court of Human Rights found that governments, including those of Poland and Germany, violated Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life. This violation stemmed from the mass retention of communications data for potential use by national authorities, lack of independent oversight, and the secret surveillance measures under respective national anti-terrorism legislation.
This ruling sends a clear message to European governments that any measures infringing on privacy rights must be accompanied by robust judicial oversight and transparent legal frameworks, ensuring that fundamental freedoms are not undermined by state surveillance activities.
BY: MOHSIN DURRANI
Editors In Chief – Asia Region
