Indiscriminate Bulk Data Interception and Group Privacy: Do Human Rights Organisations Retaliate Through Strategic Litigation?

Human rights groups are increasingly calling for the protection of their right to privacy in relation to the bulk surveillance and interception of their personal communications. Some are advocating through strategic litigation. This advocacy tool is often chosen when there is weak political or public support for an issue. Nonetheless, as a strategy it remains a question if a lawsuit is strategic in the context of establishing accountability for indiscriminate bulk data interception. The chapter concludes that from a legal perspective the effect of the decision to litigate on the basis of the claim that a collective right to group privacy was violated has not (yet) resulted in significant change. Yet the case study, the British case of human rights groups versus the intelligence agencies, does seem to suggest that they have been able to create more public awareness about mass surveillance and interception programs and its side-effect