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

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

Mark D Cole, Annelies Vandendriessche

European Data Protection Law Review, Volume 2 (2016), Issue 1, Page 121 - 129

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.