Οι μαζικές παρακολουθήσεις στη νομολογία του Ευρωπαϊκού Δικαστηρίου Δικαιωμάτων του Ανθρώπου και του Δικαστηρίου της Ευρωπαϊκής Ένωσης
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Μαζικές παρακολουθήσειςAbstract
This study aims to examine the development of the case law of the two highest European court authorities, the European Court of Human Rights (hereinafter: ECtHR) and the Court of Justice of the European Union (hereinafter: CJEU), in the field of mass surveillance. Firstly, a definition of mass surveillance and the characteristics of the concept are presented. Secondly, the first section analyses the provisions of the CFR and the ECHR which enshrine the right to privacy of communications as a specific expression of the right to respect for private and family life in EU and international law respectively.
The second section includes the analysis of the criteria introduced by the provision of Article 8 § 2 of the ECHR which must be met in order for such a restriction on the right to free communication to be considered lawful, as interpreted by the rich case law of the ECtHR in the third section the judgments of the CJEU on the general and non-discriminatory retention of communication metadata are presented. Finally, a comparative overview of the principles developed in the case law of the ECtHR and the CJEU is provided, the similarities and differences in their reasoning are analyzed.