Amann v. Switzerland, No. 27798/95, ECtHR (Grand Chamber), 16 February 2000

National security. Secret services espionage. Surveillance through phone interceptions. Violation of art. 8 ECHR. 

Art. 8 ECHR

1. The responding state has violated the right to private and family life by intercepting a person who allegedly had contact with the Russian embassy during the Cold War. The legislative act pursuant to which surveillance was carried out lacks the requirement of "foreseeability" and, therefore, cannot be said to be "in accordance with the law". 

2. The responding state has violated the right to private and family life of a person who allegedly had contact with the Russian embassy during the Cold War by filling a "national security card" with the applicant's data. However, the legislation providing for collection and retention of such data is not sufficiently detailed and precise and, therefore, cannot be said to be "in accordance with the law".