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A judgment of 13 February 2024 in the case of Podchasov v. Russia deals with the right to privacy as protected under Article 8 of the European Convention on Human Rights (ECHR) in relation to the retention of communications data and content by Internet service providers, the protection of encrypted messages and access by law-enforcement authorities and security services to such data and content. The judgment in Podchasov v. Russia is highly relevant for all member states of the ECHR, also in relation to the earlier case law of the European Court of Human Rights (ECtHR) on deploying bulk or secret...

The European Court of Human Rights (ECtHR) has decided that a criminal conviction in France of the Swiss public intellectual and Islamologist Tariq Ramadan was not a violation of his right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). Ramadan was convicted for having disseminated information about the identity of the alleged victim of a rape (X) for which he was facing trial in France. Ramadan had revealed X’s identity in a press release, during a TV interview and in a book. The ECtHR dismissed his complaint under Article 10 ECHR as manifestly...

In a judgment of 18 January 2024 the European Court of Human Rights (ECtHR) found a violation of the right of a victim of sexual harassment to freedom of expression as guaranteed by Article 10 of the European Convention on Human Rights (ECHR). The case concerns the applicant’s criminal conviction for public defamation following her allegations of harassment and sexual assault against a senior executive of the association where she worked. The ECtHR in particular stressed the need to provide appropriate protection to individuals alleging that they have been subjected to mental or sexual...

In one of its last judgments in 2023, the European Court of Human Rights (ECtHR) found a violation of an applicant’s rights both under Article 8 (right to privacy) and Article 10 (right to freedom of expression) of the European Convention on Human Rights (ECHR). The ECtHR found that by disclosing the identity of the applicant on the day of his arrest, by exposing him to media coverage and by publishing several (online) press releases during the pre-trial investigation, the authorities had breached the applicant’s right to reputation under Article 8 ECHR. A ban imposed on the applicant...

In the face of social concern about the increasing uncontrolled access of children and young people to adult content, Spain is making legal and practical progress in the protection of minors on the Internet. Firstly, it was the Spanish Data Protection Agency (Agencia Española de Protección de Datos – AEPD) that introduced an age verification system in December 2023 to ensure that any person accessing adult content is authorised to do so. This is in line with the General Law on Audiovisual Communication (Spanish Law 13/2022), which obliges video-sharing platforms to set...