10 THE ITALIAN LAW JOURNAL NOS. 1-2 (2024)

 

Digital Surveillance Under European Scrutiny A Dangerous Alliance Unveiled

by Luca Ettore Perriello

Digital surveillance, whether targeted or mass, has drawn scrutiny from European courts for potentially violating human rights. The balance between security and privacy is challenging, with states often implementing invasive measures in response to threats like terrorism. The European Court of Human Rights and the Court of Justice of the European Union have been striving to balance state security needs with individual rights, reflecting growing public concern over surveillance. Their responses tend to accommodate national security demands while progressively legitimizing digital surveillance. The courts are converging towards a nuanced approach, emphasizing procedural safeguards rather than drawing red lines.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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