3 ms·

> I don't know if the Dutch has anything similar to the US's 4th amendment (against unreasonable search an seizures). The Netherlands is party to the ECHR. Art

• godelski 3y ago
  Thank you. I'm actually a bit surprised how close some of these read to US amendments. Though reading Article 8 -- Right to respect for private and family life -- I'm not sure if this matters IANAL > 2. There shall be no interference by a public authority with the exercise of this right __except such as is in accordance with the law__ and is necessary in a democratic society __in the interests of national security, public safety__ or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others That feels like as long as it is the law then it doesn't violate Article 8. Seems that saying it is for public safety is also another way to get around this. I also noticed this in Article 11 (right to assembly) and some others. Not being a lawyer, these seem pretty non-binding.
  • orra 3y ago
    Yes, unfortunately there's the potential exception you see. The European interpretation of rights is that they're balanced against each other, as opposed to absolute. The good news is that “necessary in a democratic society” is a high bar. Thankfully there have been several successful challenges to government mass surveillance in the past, under this Article. Unfortunately, proposals like this keep coming back, and you never know what way a court will rule.