case law of the european court of human rights concerning the ...

CASE LAW OF THE
EUROPEAN CONVENTION ON HUMAN RIGHTS
CONCERNING THE PROTECTION OF PERSONAL DATA
Contents
JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS (PRESS RELEASES) ......... 9
1. Klass and others v. Germany, judgment of 6 September 1978, Series A no.28 (No
violation of the Convention). Law authorising secret services to carry out secret monitoring
of communications (postal and telephone).............................................................................11
2. Malone v. The United Kingdom, judgment of 2 August 1984, Series A no. 82 (Violation
of Article 8 of the Convention). Interception of postal and telephone communications and
release of information obtained from “metering” of telephones, both effected by or on behalf
of the police within the general context of criminal investigation. ........................................16
3. Leander v. Sweden, judgment of 26 March 1987, Series A no.116 (Violation of Articles
8, 10 and 13 of the Convention). Use of information kept in a secret police-register when
assessing a person’s suitability for employment on a post of importance for national security.22
4. Gaskin v. The United Kingdom, judgment of 7 July 1989, Series A no.160 (Violation of
Article 8 of the Convention). Refusal to grant former child in care unrestricted access to case
records kept by social services. .............................................................................................27
5. Kruslin v. France, judgment of 24 April 1990, Series A no.176-A , and Eur. Court HR,
Huvig v. France judgment of 24 April 1990, Series A no.176-B (Violation of Article 8 of the
Convention). Telephone tapping carried out by senior police officer under warrant issued by
investigating judge.................................................................................................................32
6. B. v. France, judgment of 25 March 1992, application no. 13343/87. (Violation of
Article 8 of the Convention). Refusal of rectifying civil status data about a person further to
her change of gender..............................................................................................................37
7. Lüdi v. Switzerland, judgment of 15 June 1992, Series A no.238 (No violation of the
Convention). Telephone interception combined with the intervention of an undercover agent......47
8. Niemietz v. Germany, judgment of 16 December 1992, Series A no.251-B (Violation of
Article 8 of the Convention). Search of a lawyer’s office in course of criminal proceedings
against a third party...............................................................................................................51
9. Funke v. France judgment of 25 February 1993, Series A no.256-A, Eur. Court HR,
Crémieux v. France judgment of 25 February 1993, Series A no.256-B , and Eur. Court HR,
Miailhe v. France judgment of 25 February 1993, Series A no.256-C (Violation of Article 8
of the Convention). House searches and seizures made by customs officers.........................55
10. Hoffmann v. Austria, judgment of 23 June 1993, Series A no.255-C (Violation of
Articles 8 and 14 of the Convention). Parental rights after divorce refused to the mother in
view of her membership of the Jehovah’s Witnesses.............................................................63
11. A. v. France, judgment of 23 November 1993, Series A no.277-B (Violation of Article
8 of the Convention). Recording of a telephone conversation effected clandestinely by a
private citizen with the assistance of a high-ranking police officer.......................................68
The Court’s judgments are accessible on its Internet site (http://www.echr.coe.int )