ECtHR, XX and XX v. Hungary, No. 37138/14, 2016
- 2016
- Hungary
Topics
Public securityLegal bases
European Convention on Human Rights Hungary: Act no. CCVII of 2011 (the “Police Act”)Courts
European Court of Human Rights (ECtHR)Laws
Right to a fair trial Right to respect for private and family lifeFacts
The two applicants are Hungarian residing in Hungary. At the relevant time, they worked for a non-governmental watchdog organisation which voices criticism of the Government. In 2012, the applicants complained before the Constitutional Court that the sweeping prerogatives in respect of secret intelligence gathering for national security purposes enacted in the Act no. CCVII of 2011 breached their right to privacy. The Constitutional Court dismissed their allegations. Before the ECtHR, the applicants complained that they could potentially be subjected to unjustified and disproportionately intrusive measure on secret surveillance for national security purpose (the Act). They claimed that this legal framework was prone to abuse and their exposure to secret surveillance without judicial control or remedy breached their rights to a fair trial and access to Court.
Legal grounds
Act no. CCVII of 2011 on Police; Article 8 of the ECHR; Article 6 of the ECHR.
Findings
The Court accepted that the threat of terrorism naturally encouraged States to resort to cutting-edge technologies, including massive monitoring of communications. However, the legislation in question (the Act) did not provide enough safeguards to prevent abuse. Indeed, the scope of the Act could include virtually anyone in Hungary, even persons outside the original range of operation. In addition, the executive authorities ordered such measures without assessing whether interception of communications was strictly necessary and without effective remedial measures including judicial ones. The Court held that there had been a violation of Article 8.