The Rights of Notification after Surveillance is over: Ready for Recognition?

The notification of individuals of surveillance measures is a crucial issue currently discussed in several EU Member States as well as at EU level. Provisions so far enacted in this area reflect a certain ambiguity in the regulation of this matter. The right to be informed of the fact that online malware installation have been set up on the computer, that the telephone has been tapped or that a person has been subject to secret visual and/or video surveillance measures are not harmonised in the EU. The article refers to the ongoing discussions and analyses in particular the jurisprudence of the European Court of Human Rights in this area. Questions such as the acceptance of a right of notification after surveillance is terminated and the possible recognition of this right are being tackled.
Keywords. surveillance society, notification of surveillance measures, control of police and secret service, information rights, Article 8 European Convention on Human Rights