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Right to Privacy, public interest - Coggle Diagram
Right to Privacy
unenumerated right
McGee ban on contraception struck down as breached right to marital privacy - no clear reasoning - 3 way split - but was struck down
Foy changing gender, wanted to change birth cert - no right to retrospective change in birth cert
Simpson v Governor of Montgomery prison slopping out practice breached privacy in shared cell,- based it on protection of the person - violated right to dignity and privacy - based on constitution not ECHR
DPP v Wilson accused of murder, refused forensic samples, Gardai collected cigarette buts, held - once throw material away - no longer own that material (right not absolute)
Norris right to privacy doesn't prevail against criminal actions (homophobic judgment) - dissenting judgment state right in more aspect than currently recognised (marriage)
Surveillance
Kane v Governor of Mountjoy kept under overt surveillance, - unlawful unless justified on facts justified (nature and importance of police duty)
Cogely & Ahern v RTE secret filming in nursing home, legitimate as covering up abuse
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DPP v Idah - undercover Gardai posed as drug courier, someone committed drug offence - held criminality lesser expectation of privacy - held on facts breached 2009 act and inadmissable
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clashing rights
IOT v B right for child to know mother clash with right to privacy, held- done case by case basis - factors (relinquishing custody, impact on mother, respective ages, attitude of mother to disclose - present circumstances of child)
Kennedy 2 journalists had phones hacked, held right to privacy but could be subject to other rights - this situation tapping deliberate, concious and unjustifiable - established the general right to privacy - based on christian and democratic nature of the state
DPP v Harty conviction for dangerous driving, retention of sample, claim breached right - right to privacy over medical rights but outweighed by public interest in prosecuting crime
Marital Privacy
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Norris criminalisation of buggery - CJ - homophobic judgment, no marital privacy arguments, no locus standi - dissenting judge
Medical privacy
Child and Family Agency v AA application to disclose sexual partner had HIV, held right to privacy over private medical info, can be breached if very significant risk of death or very serious harm - not breached in this case - common knowledge unprotected sex is how STIs could spread
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