La sorveglianza elettronica su vasta scala per finalità di intelligence nella giurisprudenza della Corte europea dei diritti dell'uomo

The 2013 Snowden revelations have brought to light a phenomenon - the bulk interception of electronic data – whose extent was not fully under- stood in its new digital dimension. In 2021, the Grand Chamber of the Euro- pean Court of Human Rights analysed the use of digital surveillance for for- eign intelligence gathering and for the identification of new threats from known and unknown actors. The Grand Chamber’s 2021 cases have shown the difficulties to adapt the previous case-law on covert surveillance measures to large-scale electronic surveillance operations. The Court is thus called upon to test the compatibility with the ECHR of the States Parties' mass interception regimes defined as “valuable technological capacity to de- tect new threats in the digital realm”, as well as to set new criteria to mini- mize the risks of abuse in mass interceptions.