European Court rules mass surveillance infringes basic human rights

The European Court of Human Rights (ECHR) has ruled last week that the Hungarian surveillance law contradicts the right to privacy in the European Convention of Human Rights. The decision may kill off the U.K. government spying law.

According to the Register, the European Court ruled in last week's judgement that the Hungarian government violated article 8 of the European Convention on Human Rights about the right to privacy. The ruling said the Hungarian mass surveillance failed to include "sufficiently precise, effective and comprehensive" measures that would limit surveillance to only people it suspected of crimes.

The ruling came after two Hungary activists, Máté Szabó and Beatrix Vissy, sued the Hungarian government in 2014 claiming it infringed their human rights. The ECHR's Fourth Section heard the case.

The plaintiffs concerned the powers of the Hungarian intelligence agency, the Anti-Terrorism Task Force (TEK), under the Police Act 1994. According to Just Security, the Police Act provided surveillance powers exercisable in the context of criminal investigation. The Act also provided powers applicable to intelligence gathering in the context of national security.

The European Court ruled that the Hungarian surveillance law did not provide sufficient guarantees against abuse, according to Ars Technica. The court ruled that it was possible for "virtually any person in Hungary to be subjected to secret surveillance." It also noted that the various stages of authorization and application secret surveillance measures lacked judicial supervision.

Additionally, the external, preferably judicial control of secret surveillance activities reportedly offers the best guarantees of independence, impartiality and a proper procedure. According to the rulign, the Hungarian government should be required to interpret the law in a narrow fashion and "verify whether sufficient reasons for intercepting a specific individual's communications exist in each case."

The ECHR ruling over mass surveillance law applies to all countries that have signed up to the European Convention on Human Rights, including the U.K. This means, the U.K.'s Investigatory Powers Bill will need to be compliant with the European Court's ruling.

The U.K.'s Investigatory Powers Bill would allow anyone in the UK to be subjected to secret surveillance. British Prime Minister David Cameron previously complained that the European Court is interfering in national issues.

The ruling cannot stop the U.K. government from passing the Investigatory Powers Bil for mass surveillance. But if it does pass the bill, it will be taken to the ECHR and found to have violated the European Convention.

The U.K. government can continue the mass surveillance law, but it would face fines and  lose international reputation.

Tags

European Court of Human Rights, European Court, surveillance, U.K., Hungarian government, Police Act, investigatory powers bill, EU, human rights, Right to Privacy

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