ABSTRACT
Since the early 2000s, both the European Court of Human Rights (ECtHR) and European Court of Justice (ECJ) have seen a dramatic increase in the rise of internet-related case law. This chapter addresses the role of data processing and the impacts on the protection of the right to privacy and freedom of expression within the case law of the Courts. It deals with an overview of the development of legislation in the European Union and Council of Europe; proceed with an analysis of relevant cases of both Courts. The chapter discusses case law regarding the rights of data subjects and the legality of mass surveillance mechanisms. It explores to what extent jurisprudence of the ECJ and ECtHR is displaying a uniform application of the law in data processing related cases, or if the Courts are applying different standards in their judgments. In 2016 the General Data Protection Regulation was adopted and entered into force in May 2018.
