National Security as Exception: The European Court of Human Rights and the Proceduralisation of Privacy in the Age of Mass Surveillance
This paper critically analyses European Court of Human Rights jurisprudence on bulk data collection, situating it within the Court’s broader turn to proceduralism. We argue that, in cases concerning mass surveillance, the Court has effectively abandoned structured proportionality review and transformed national security from a prima facie legitimate aim into a de facto exception to Article 8. Plac
