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Segerstedt-Wiberg and others v. Sweden, No. 62332/00, ECtHR (Second Section), 6 June 2006

Abstract

Respect for private life. Storage by Security Police of files containing information in order to prevent transnational crime. Refusal to advice of the full extent to which information concerning the applicant was kept on the Police register.

Normative references

Art. 8 ECHR
Art. 10 ECHR
Art. 11 ECHR

Ruling

Powers of secret surveillance of citizens are tolerable under the Convention only in so far as strictly necessary for safeguarding the democratic institutions. Such interference must be supported by relevant and sufficient reasons and must be proportionate to the legitimate aim or aims pursued. In this connection, the Court considers 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.