The ECBA, represented by its Human Rights Officer Alexis Anagnostakis, appeared before the European Court of Human Rights as a third party intervener in the Chamber hearing of 27 September 2022 regarding the case Pietrzak v. Poland and Bychawska-Siniarska and Others v. Poland.  

The case concerns the compatibility of the national legislation authorising secret surveillance by the police and intelligence services in respect of communications, and data collection about those communications (“metadata”), with the requirements of Articles 8 (right to respect for private and family life) and 13 (right to an effective remedy) of the European Convention on Human Rights.

In his submission to the Court, Alexis Anagnostakis urged the inclination of the Court’s Jurisprudence towards the practical implementation of the rights to inform and the right to access the data, even in surveillance operations as part of the data protection and the rule of law in a democratic society. 

The need for such protections of Article 8 rights assumes heightened importance where the material includes communications between lawyers and clients, subject to legal professional privilege.  Only with strict rules will it be possible to prevent a lasting negative impact on the trust between lawyer and client, a key component of the rule of law.

The webcast of the Court’s hearing can be found here.