A summary of Article 8 of the European Court of Human Rights (The right to respect for private and family life, home and correspondence) with case examples in Cornell notes form.
Article 8
Cases Article 8 is the right to family and private life
Horsham – Gender reassignment
surgery. UK failed to keep area of
Article 8(1)
law under review Everyone has the right to respect for his private and family
life, his home and his correspondence
Neimietz – Lawyer’s office counts 4 main areas protected under Article 8(1)
as part of private life Private Life – Aspects of private life include personal data,
Halford – Female police
names, photos, reputation, sex life, gender and more.
constable’s calls intercepted. Family – the right to live with your family or right to regular
Surveillance and interception = contact if the previous isn’t possible. Includes any sort of
breach familial relationship including unmarried couples and foster
children / parents
Axon – Provided child is Gillick Home – Public authorities should not stop you from entering
competent, parental right to or living in your home and they shouldn’t enter without your
determine medical treatment
permission
ends
Correspondence (communications) – includes all forms of
Campbell –Publication of photos communication such as letters, texts, phone calls, emails etc.
disproportionate interference in Klass, the powers of secret surveillance of the citizens was
with her right to privacy tolerable so far as to safeguard democratic institutions
Acts
Wood – Taking and keeping
photos without proper reason to
Data Protection Act 1998 – Developed to control how personal
is intrusive and a breach or customer info is used by organisations of gov bodies
Data Protection Act 2018 – Similar to previous act but with
Gaskin – Refused access to case some amendments and new info added to keep up to date.
records was breach as no Under 2018 version, you have the right to find out what info
justification and the care counts gov and other organisations store about you
as family life Protection From Harassment Act 1997 – Provides protection
Johannsen – Interests of child from harassment in a wide variety of disputes such as
override interests of parents stalking, bullying at work, protection from media etc. Hayden
– set out principles as to what amounts to harassment
Price – Article 8 not engaged Malicious Communications Act 1998 – Make it a criminal
when gypsy caravans evicted offence to send messages which are indecent, grossly
from unlawful land (playing field)
offensive or contain threats
Khatun – Everyone living there, Investigatory Powers Act 2016 – Legalises a whole range of
not just the owner of the tools for snooping and hacking by the security services
property
Article 8(2)
McDonald – Private landlord so
There will be no interference by public authority with the
can’t take to court (must be
exercise of this right except such as is in accordance with law
against public authority
and is necessary in a democratic society in the interests of
Barbalescu – Must be balance national security, public safety, or the economic well-being of
between rights of individual and the country, for the prevention of disorder or crime, for the
of the business. Not good here protection of health or morals, or for the protection of the
rights and freedoms of others
Tele2 – Retention of data must
be necessary and only used for
purpose of investigating serious
crime
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