Leander v. Sweden, No. 9248/81, ECtHR (Chamber), 26 March 1987

Right to privacy and a private life, and freedom of expression on political matters. Interference in private life due to personal and political background.

Art. 8 ECHR
Art. 10 ECHR

Regarding article 8 ECHR, the expression "in accordance with the law" in paragraph 2 of Article 8 requires, to begin with, that the interference must have some basis in domestic law. Compliance with domestic law, however, does not suffice: the law in question must be accessible to the individual concerned and its consequences for him must also be foreseeable. Furthermore, the Court recognises that the national authorities enjoy a margin of appreciation, the scope of which will depend not only on the nature of the legitimate aim pursued but also on the particular nature of the interference involved. In the instant case, the interest of the respondent State in protecting its national security must be balanced against the seriousness of the interference with the applicant’s right to respect for his private life.
There can be no doubt as to the necessity, for the purpose of protecting national security, for the Contracting States to have laws granting the competent domestic authorities power, firstly, to collect and store in registers not accessible to the public information on persons and, secondly, to use this information when assessing the suitability of candidates for employment in posts of importance for national security.