European Court of Human Rights finds secret surveillance violates the right to privacy
The European Court of Human Rights (ECHR) has issued a judgment in the case of Polish human rights activists (Pietrzak and Bychawska-Siniarska and Others v. Poland), finding that the mass secret surveillance conducted by Polish authorities is contrary to the European Convention on Human Rights. The judgment confirms a violation of Article 8 (right to respect for private and family life) about legislation that allows for the broad use of secret surveillance without adequate control and oversight. Considering the increasingly prevalent trend in Serbia of establishing systems of mass surveillance over citizens, this judgment provides important guidelines for decision-makers to follow when creating relevant legislation.
Specifically, the ECHR found that existing Polish laws on secret surveillance, as well as the obligation to retain communication data, seriously infringe on citizens' privacy rights. The court concluded that secret surveillance measures involving wiretapping and monitoring communications must be subject to authorization and review by an independent judicial body to prevent abuse.
The case of Pietrzak and Bychawska-Siniarska and others against Poland was taken up by Polish human rights civil society organizations. They challenged the lack of effective control mechanisms and legal protection for citizens subjected to secret surveillance by state authorities. The court found that Polish legislation, which requires providers of information and communication technologies to retain communication data in a general and non-selective manner, is incompatible with the principles of a democratic society.
The ECHR unanimously found that the rights guaranteed by Article 8 of the European Convention on Human Rights were violated, stating that:
- The nature of Polish legislation itself – its secrecy, broad scope of measures, and lack of effective review – constitutes a violation of the rights of the complainant.
- Polish laws do not provide sufficient guarantees against excessive surveillance and unjustified interference in the private lives of citizens.
- Legislation that requires mass and non-selective retention of communication data is not necessary in a democratic society.
Building on previous judgments related to mass surveillance of citizens, this decision by the European Court of Human Rights represents a significant step towards strengthening the protection of privacy and freedom of expression rights and serves as an important reminder of the need for transparency and accountability in the work of state authorities.