Szabó and Vissy v. Hungary (37138/14)

Key paragraph(s) can be found below the document.

89. In total sum, the Court is not convinced that the Hungarian legislation on “section 7/E (3) surveillance” provides safeguards sufficiently precise, effective and comprehensive on the ordering, execution and potential redressing of such measures.

Given that the scope of the measures could include virtually anyone, that the ordering is taking place entirely within the realm of the executive and without an assessment of strict necessity, that new technologies enable the Government to intercept masses of data easily concerning even persons outside the original range of operation, and given the absence of any effective remedial measures, let alone judicial ones, the Court concludes that there has been a violation of Article 8 of the Convention. [See a more detailed discussion in paragraphs 52-88]