1. Where is the harm? Calculating the damages afforded in privacy cases by the European Court of Human Rights
Bart van der Sloot
May 14th 2017, Haifa, Israel
Senior Researcher
Tilburg Institute for Law, Technology, and Society (TILT) Tilburg University, Netherlands

2. European Convention on Human Rights
Article 8
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
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.

3. Living instrument doctrine
Other articles in the Convention:
Bodily Integrity (Article 2 and 3 ECHR)
Right to reputation (Article 10.2 ECHR)
Right to a fair trial (Article 5 and 6 ECHR)
Right to marry and found a family (Article 12 ECHR)

4. Living instrument doctrine
Rights explicitly rejected from the Convention
Right to propety (Article 1 First Protocol)
Right to education (Article 2 First Protocol)
Right to personal development (Articles 22, 26 and 29 UDHR)
Right to nationality (Article 15 UDHR)

5. Living instrument doctrine
Rights not included in the Convention
Right to data protection
Right to a clean environment
Right to a name
Minority Rights

6. Courts European Commission on Human Rigths
European Court of Human Rights – plenary + chamber
First Section (1999)
Second Section (1999)
Third Section (1999)
Fourth Section(1999)
Fifth Section (2005)
Grand Chamber (1994)

7. Admissibility
ARTICLE 33 Inter-State cases Any High Contracting Party may refer to the Court any alleged breach of the provisions of the Convention and the Protocols thereto by another High Contracting Party.
ARTICLE 34 Individual applications The Court may receive applications from any person, nongovernmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the Protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.

8. Admissibility
Legal Persons > only after Stes Colas Est (2002) marginally
Groups > in principle not
Inter-State Complaints > only a hand full
Individual persons
ECtHR rejects: Class action/actio popularis
ECtHR rejects: Legal persons as claimants
ECtHR rejects: In abstracto claims
ECtHR rejects: A-priori cases
ECtHR rejects: Hypothetical complaints
ECtHR rejects: claims about minimal harm (De minimis rule)
ECtHR rejects: claims about societal interests > only individual interests: autonomy, freedom, dignity

9. Original Convention

10. Rules of the Court Rule 60 – Claims for just satisfaction
1. An applicant who wishes to obtain an award of just satisfaction under Article 41 of the Convention in the event of the Court finding a violation of his or her Convention rights must make a specific claim to that effect.
2. The applicant must submit itemised particulars of all claims, together with any relevant supporting documents, within the time-limit fixed for the submission of the applicant’s observations on the merits unless the President of the Chamber directs otherwise.
3. If the applicant fails to comply with the requirements set out in the preceding paragraphs the Chamber may reject the claims in whole or in part.
4. The applicant’s claims shall be transmitted to the respondent Contracting Party for comment.

11. Members

12. Members

13. Members

14. Analysis of case law

55. Questions?