In the network society, the right to privacy is challenged by new automated methods of collecting data and global information networks used to their full potential by both state actors and non-state actors. New technologies hold a potential for increasingly sophisticated methods of state’s intelligence gathering and police investigations. Moreover, with the introduction of the internet, a space for private parties as data disseminators, collectors and processors has been created. This development has expanded the primarily negative scope of Article 8 of the European Convention of Human Rights to include also positive obligations. In its case law, the European Court of Human Rights (ECHR) has on several occasions addressed the challenges of technological progress to the right to privacy and stipulated the positive obligations of states when securing the appropriate balance between the benefits of technologies and the right to privacy. In some aspects the stipulations are rather clear however, there are some implications of the ECHR’s application of a primarily territorial definition of jurisdiction to the question of global information networks that creates a level of uncertainty as to the essence of state parties’ to the convention obligations….
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