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Article 8 (Everyone has the right to respect for his private life and…
Article 8
Everyone has the right to respect for his private life and family life, his home and correspondence
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Under Art 8(2) any limitation must be in accordance with law, necessary and proportionate in a democratic society and for a legitimate aim with include:
For national security and public safety
For the economic well-being of the country
The prevention of crime or disorder (Laskey v UK)
The protection of health and morals
The protections of rights and freedoms of others
the interference must be proportionate
it must be sufficiently important
the objective and measure must be rationally connected (Wainwright v HO)
It must not be arbitrary
The impairment must be as little as possible
It must not be so severe
'Everyone' includes individuals and businesses (Vinci Construction). It is not just the inner circle so includes workplaces (Niemietz v Germany)
'Respect' includes a positive and negative right
Positive is that the state must take positive steps to protect the right
Negative is that the state must not interfere in a disproportionate manner
Klass v Germany- Secret Surveillance (phone tapping and opening letters) is tolerable under ECHR as long as you are safeguarding a democratic institution
Private life includes personal data, names, photos (Campbell v MGN), gender, reputation and physical and psychological integrity
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Protection from Harassment Act 1997- includes harassment and stalking and becomes a criminal offence if it causes alarm, distress or fear of violence. It must also occur on more than 2 occasions
Malicious Communications Act 1998 includes letters, emails with a threat, something indecent, grossly offensive or something false
Family life has a case by case margin of appreciation and includes living with family, relationships (Agyarko and Ikuga v SOS), adoption, fostering (Gashkin v UK), care proceedings and access to the child
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Correspondence- phone, texts, emails, letters etc.
Investigatory Powers Act 2016- lagalises a range of tools for snooping and hacking (Barbulescu v Romania)
Tele2 Sverige and Watson- any retention must be strictly necessary for the purposes of investigating serious crime and linked to the investigation of serious crime