While you are of course right that, from a legal perspective, the ECtHR is the body responsible for (most cases) of human rights abuse, and that it is not part of the EU per se, I did not mean to say that the current case should be brought in front of an EU court.
What I did mean to say was that the EU as a whole should (politically) take a strong stance on such issues, implement appropriate, EU-wide legislation to protect the privacy of European citizens from their own and third party governments as well as private companies and enforce corresponding standards in international trade – i.e., I was referring to a political process that I would like to take place (within the EU), not a judicial lawsuit in front of the appropriate court of law.
Regarding your last paragraph: The Treaty of Lisbon does contain an exit clause[0], which either requires the agreement on a withdrawal treaty or a period of two years from the notification of the intention to secede. This means that, within the current legal framework, it is possible
a) for the UK to declare its intention to leave and just do so in roughly 2015.
b) for the UK to declare its intention to leave, agree on an appropriate treaty and then leave as soon as possible.
c) for the other member states to leave (in 2015) and – in parts – form an appropriate core union which is made clear to be more than a free trade zone.
Naturally, the last option is rather unlikely to occur any time soon, but it would be legally possible and certainly not damage the reputation of the Council of Europe (at least not more than Russia’s prolonged membership therein).
[0] https://en.wikipedia.org/wiki/Withdrawal_from_the_European_U...