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interception of communications - Coggle Diagram
interception of communications
rights
qualified rights
e.g.
The right to freedom of expression A 10
religion article 9
Assembly and association article 11
right to respect for private and family life A8
The right to peaceful enjoyment of property practical one article one.
is necessary in a democratic society, which means it must:
fulfil a pressing social need
pursue a legitimate aim
be proportionate to the aims
being pursued is related to the permissible aim set out in the relevant Article, for example
the prevention of crime
the protection of public order or health
Limited rights -Other rights, such as the right to liberty (Article 5), are limited under explicit and finite circumstances, defined in the Convention itself, which provide exceptions to the general right.
Absolute rights –These include the right to protection from torture, inhuman and degrading treatment and punishment (Article 3), the prohibition on slavery and enforced labour (Article 4), and protection from retrospective criminal penalties (Article 7).
police act 1997
Allowing the use of booking is very broad authorisation can be issued if action is expected to be of substantial value in the prevention and detection of serious crime. If the objective can't be obtained by any other means only be able to bug under section 93 (2).
interception of communications Act 1985- which is now replaced by part 1 regulation of investigatory powers Act 2000- amended by investigators powered Act 2016
malone V UK 1985
Malone sought a declaration of High Court it was unlawful for anyone to intercept another's phone without consent Malone VMPC (1979)
Included the ECTHR did not give rise to any enforceable rights under English law and therefore was no direct right to privacy.
D on trail for stolen goods. police tapped into his phone -this was authorised by Home secretary
Defendant went to the European Convention on human rights court to argue that article 8 had been violated they agreed - however decision only required that UK government to introduce legislation to regulate the circumstances where the power could be used.
article 8 (2)
is necessary and proportionate
fulfils a legitimate aim, such as in the interests of national security
is in accordance (i.e. set down) in law
Investigatory powers 2016