10 Human Rights Organisations v United Kingdom

10 Human Rights Organisations and Others v United Kingdom is a case currently awaiting a judgment from the European Court of Human Rights (ECtHR). The case involves a number of applicants challenging the UK Government over their use of illegal mass surveillance programmes, as revealed in 2013 by Edward Snowden. It is comprised of three related challenges which have been joined together to be heard simultaneously by the court.

This case raises novel and important issues of law and principle: it is the first time the European Court of Human Rights has been called upon to address directly the question of whether surveillance on the scale now taking place should be permitted and the minimum safeguards that are needed to meet the standards required by the European Convention on Human Rights in an age of digital communication.

The case challenges the UK’s right to:

intercept, in bulk, any communication that happens to traverse the UK and to store the content of these communications as well as any related communications data; and
obtain similar bulk access to communications and data intercepted by the intelligence services of other states.

Full Title(s)

The ECtHR case consists of three similar challenges being heard simultaneously, with the following titles:

Big Brother Watch and Others v United Kingdom (no. 58170/13)
10 Human Rights Organisations and Others v United Kingdom (no. 24960/15)
Bureau of Investigative Journalism and Alice Ross v United Kingdom (no. 62322/14)

Big Brother Watch & Others v United Kingdom (no. 58170/13)

Case Background

In 2013, following Snowden's disclosure of information about major national mass surveillance programmes, the Open Rights Group (along with Privacy International, English PEN and Dr Constanze Kurz) launched a legal challenge to the UK's internet surveillance activities before the European Court of Human Rights. The challenge argued that unchecked mass surveillance is a breach of citizens' right to privacy under Article 8 of the European Convention on Human Rights. Any interference with that right must be proportionate and in accordance with adequate and published legal standards. The law and practice in the UK fails to meet either requirement.

The Applicants initially sought to bring their case in the UK domestic courts and wrote to the UK Government on 3 July 2013 stating that a judicial review challenge would be brought. However the Government told the Applicants that they would have to make a complaint to the Investigatory Powers Tribunal. The European Court of Human Rights has previously held, in the case of Kennedy v UK, that it does not require applicants to complain to the Investigatory Powers Tribunal before making an application to Strasbourg, due to concerns about its effectiveness and its power to grant the remedy that they seek. The Applicants therefore issued proceedings in the European Court of Human Rights, which will determine whether UK law breaches international law. It is believed to be the first international law challenge based on the Snowden disclosures.

Parties

Applicants	Respondents
Big Brother Watch English PEN Open Rights Group Dr Constanze Kurz	United Kingdom

Case Documents

Judgment

Judgment