KLIMOVA AND OTHERS v. RUSSIA - 33421/16 (Article 8 - Right to respect for private and family life : Third Section) [2025] ECHR 32 (04 February 2025)

KLIMOVA AND OTHERS v. RUSSIA - 33421/16 (Article 8 - Right to respect for private and family life : Third Section) [2025] ECHR 32 (04 February 2025)

The Court found that the collection of large amounts of personal data by security services lacked sufficient safeguards and was not necessary in a democratic society, violating Article 8. Convictions and website blockings for 'promoting homosexuality among minors' were based on vague and unforeseeable laws, imposed unjustifiable restrictions based solely on sexual orientation, and were not necessary in a democratic society, violating Article 10.

Citation
[2025] ECHR 32
Parties
Applicants: Klimova and Others; Respondent: Russian Federation
Jurisdiction
European Union
Judgment Date
04 February 2025
Procedural Posture
European Court of Human Rights Application / Judgment by Chamber
Outcome
Violation of Article 8 and Article 10 of the Convention found against the Russian Federation.
Legal Topics
Freedom of Expression, Right to Private Life, Non Discrimination, Data Protection, Children's Rights
Human Rights Law Administrative Law Constitutional Law Freedom of Expression Right to Private Life Non Discrimination Data Protection Children's Rights

Case Brief

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Parties

Klimova and Others

Applicants

Russian Federation

Respondent

Procedural Posture

European Court of Human Rights Application / Judgment by Chamber

Legal Issues

  1. 1 Whether the collection of user data by security services violated Article 8 (right to private life) of the Convention
  2. 2 Whether convictions and website blockings for 'promoting homosexuality among minors' violated Article 10 (freedom of expression)
  3. 3 Whether the relevant domestic law was sufficiently foreseeable and provided adequate safeguards against abuse

Ratio Decidendi

The Court found that the collection of large amounts of personal data by security services lacked sufficient safeguards and was not necessary in a democratic society, violating Article 8. Convictions and website blockings for 'promoting homosexuality among minors' were based on vague and unforeseeable laws, imposed unjustifiable restrictions based solely on sexual orientation, and were not necessary in a democratic society, violating Article 10.

Court Disposition

Violation of Article 8 and Article 10 of the Convention found against the Russian Federation.

Orders

  • Russian Federation to take appropriate individual and general measures to remedy the violations, including payment of just satisfaction and costs to the applicants.