Preventive Surveillance in the Convention

This chapter examines the European Court of Human Rights’ case law on secret surveillance, focusing on its key findings and methodological inconsistencies. The analysis centres on the Court’s requirements for assessing the foreseeability of legal bases, distinguishing between criminal law surveillance (Huvig/Zakharov) and mass interception for intelligence purposes (Big Brother Watch/Centrum för Rättvisa), while also addressing GPS monitoring, communications data retention, and recent rulings. Particular attention is given to the Court’s development of distinct foreseeability standards for bulk interception, which has facilitated the legitimisation of mass surveillance under the Convention and carries significant implications for the European multi-level human rights system. The chapter also highlights inconsistencies in the Court’s approach, especially regarding GPS surveillance and data retention.