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From Digital Rights Ireland and Schrems in Luxembourg to Zakharov and Szabó/Vissy in Strasbourg:

What the ECtHR Made of the Deep Pass by the CJEU in the Recent Cases on Mass Surveillance

Mark D Cole, Annelies Vandendriessche


Roman Zakharov v Russia (App no 47143/06) and Szabó and Vissy v Hungary (App no. 37138/14)
In the past months, the European Court of Human Rights (ECtHR) has decided two major cases concerning issues of national mass surveillance measures. In Roman Zakharov v Russia
of December 2015 the Grand Chamber and in Szabó and Vissy v Hungary of January 2016 the Fourth Section of the Strasbourg Court twice in short notice responded to individual applications made under Article 34 of the Convention regarding violations of the right to respect for private life and correspondence according to Article 8 of the Convention. Beyond the significant findings concerning these types of surveillance measures, the cases are noteworthy in view of the interplay between the ECtHR and the Court of Justice of the European Union (CJEU) in relation to the right to privacy.

Mark D. Cole is Professor for Media and Telecommunication Law at the University of Luxembourg as well as Director for Academic Affairs at the Institute of European Media Law, Saarbrücken (Germany) and associate editor of this journal. Annelies Vandendriessche is a doctoral candidate at the Faculty of Law, Economics and Finance of the University of Luxembourg.


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