ABSTRACT
While executive interpretation occurs in all areas of government administration, in the covert world of surveillance, secret legal interpretations have been common throughout history. This chapter considers a number of examples of government agency ‘word games’ in the discussion of surveillance activities. As outsiders are often not privy to the internal interpretations adopted by secretive intelligence agencies, problems of foreseeability arise – particularly where internal interpretations are different from the plain meaning of determinative words. In light of this phenomenon, the emphasis of the European Court of Human Rights on the questions of foreseeability and accessibility is evaluated. The ECtHR clearly acknowledges the culture of secrecy prevalent in surveillance operations and recognises that simply imposing rules and expecting good faith compliance is unlikely to prove effective for the protection of privacy rights.
