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University of New South Wales Professor Zalnieruiute contends that the European Court of Human Right’s decision in Big Brother Watch represents a “highly permissive approach to government surveillance” despite the contest program being found to be in violation of the Convention on procedural grounds. Argues that the Court has endorsed mass-surveillance as acceptable in principle, by holding that that bulk interception was not per se disproportionate, and that judicial authorization was not a requisite for the legality of bulk surveillance, which “is of vital importance to Contracting States in identifying threats to their national security” (noting only one dissent).
Monika Zalnieriute, Big Brother Watch and Others v. the United Kingdom. App. Nos. 58170/13, 62322/14, 24960/15. Judgment. at Http://hudoc.echr.coe.int/eng?i=001-210077. European Court of Human Rights (Grand Chamber), May 25, 2021, 116 AM. J. INT'L L. 585 (2022)