The Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have been asked to rule on the risks that mass surveillance poses to fundamental and human rights. This relates to the large-scale collection of information from electronic communications.
It can result in the bulk interception of large volumes of communications data being carried out across networks. It may also require the carriers of such data to retain and store users’ data so that national authorities can access them.
Such practices can affect human rights like the protection of personal data, privacy and freedom of expression.
This factsheet is the result of a collaboration between the EU Agency for Fundamental Rights (FRA) and the European Court of Human Rights.
It contains relevant examples of CJEU and ECtHR case law.
It should assist lawyers and policymakers understand and apply jurisprudence in this area.
It is part of a series of joint thematic factsheets. Other factsheets covered the right to be forgotten and the European Arrest Warrant.