Earlier this month, in response to a case in Hungary, the European Court human rights (ECHR) ruled that the mass surveillance needs judicial review.
As explained in a detailed blog by the Center for Democracy and Technology, activists of Human Rights took the case that "challenged the radical legislation passed in 2011 that allows the Hungarian police to research houses, mail, and communication and without judicial authorization electronic devices when they seek to prevent terrorism or otherwise protecting national security of Hungary. "
As mentioned above, the Hungarian law allowed the government minister to approve police requests for searches, including electronic communications, "to protect national security. "The lack of judicial process control, monitoring has to go for long periods and does not require suppression of information collected during research
activists have argued that the law violated human rights and the court ruled in their favor, stating that monitoring can take place without the order of a judge :. "the Hungarian government had violated Article 8 of the European Convention on human rights (right privacy) because it failed to have sufficiently precise, effective and comprehensive measures that would limit monitoring to only those suspected of crimes. "
Although it has not been widely reported, the decision could have profound implications because it applies throughout the nations in the EU As stated Euroactive." The blow to Hungary surveillance practices this week by the European Court of Human Rights (ECHR) Rights could usher in a wave of similar decisions across the EU. " This means that all countries, even those with a draft law as invasive Bill investigative powers of the United Kingdom will be subject to that decision. We will certainly keep an eye on how this project effects monitoring legislation in the EU in the future.
Learn more about the decision of the Hungarian Budapest Business Journal and the Register.
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