Szabó and Vissy v. Hungary, No. 37138/14, ECtHR (Fourth Section), 6 June 2016

Secret surveillance measures and the violation of the right to a private life. Interference on the basis of the very existence of laws permitting secret surveillance.

Art. 8 ECHR

The applicants complained of an interference with their homes, communications and privacy on the basis of the very existence of the law permitting secret surveillance and the lack of adequate safeguards. They nevertheless thought they were at particular risk of having their communications intercepted as a result of their employment with civil-society organisations criticising the Government.
The Court observes that affiliation with a civil-society organisation does not fall within the grounds listed in section 7/E (1) point (a) of the Police Act, which concern in essence terrorist threats and rescue operations to the benefit of Hungarian citizens in dangerous situations abroad. Nevertheless, it appears that under these provisions any person within Hungary may have his communications intercepted if interception is deemed necessary on one of the grounds enumerated in the law.
Considering in addition that the domestic law does not appear to provide any possibility for an individual who alleges interception of his or her communications to lodge a complaint with an independent body, the Court is of the view that the applicants can claim to be victims of a violation of their rights under the Convention.