Editorial European Data Protection Law Review 2016_1

European Data Protection Law Review 2016_1

10 Pages Posted: 24 Aug 2018

See all articles by Bart van der Sloot

Bart van der Sloot

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT)

Date Written: 2016

Abstract

It is now final - the European Court of Human Rights (ECtHR) has acknowledged that there are actually two types of cases admissible under Article 8 of the European Convention on Human Rights (ECHR), and two corresponding roles that the Court may adopt. Although the ECtHR has for a long time held that it will only accept cases in which the applicants can claim to be the victims of a certain policy of or act by the state, in Szabo and Vissy v Hungary, and especially Zakharov v Russia, it has finally recognised what some commentators have already pointed to, namely that there are in fact a number of cases in the Court’s jurisprudence that diverge from this line. Although the Court seemed hesitant to officially acknowledge this fact, and instead tried to obscure the exception to the victim-requirement by turning to concepts such as the ‘reasonable likelihood’ of being a victim, being a victim by virtue of being a citizen of a certain country and being a ‘hypothetical victim’, it has now said in plain words that it will also accept so-called in abstracto claims, that is, cases in which a law or a policy is assessed on its quality as such, without the need for the claimants to substantiate that they are victims, ie that they have actually been harmed by the application of a law or policy.

Keywords: Szabo and Vissy, Zakharov, mass surveillance

JEL Classification: K33

Suggested Citation

van der Sloot, Bart, Editorial European Data Protection Law Review 2016_1 (2016). European Data Protection Law Review 2016_1. Available at SSRN: https://ssrn.com/abstract=3230861

Bart Van der Sloot (Contact Author)

Tilburg University - Tilburg Institute for Law, Technology, and Society (TILT) ( email )

P.O.Box 90153
Prof. Cobbenhagenlaan 221
Tilburg, 5037
Netherlands

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