Article 8: Right of Respect for Privacy Flashcards
What is the text of article 8?
Everyone has the right of respect for his private and family life, his home and correspondance.
What was established in Sheffield and Horsham v UK?
It was recognised that article 8 is a living instrument and should be updated as society changes.
How is sex life and gender protected as a reasonable expectation of privacy?
Goodwin v UK - homosexuals should not be treated differently to heterosexuals and that having different ages of consent breached Art 8.
How is personal data held to be a reasonable expectation of privacy?
S and Marper v UK - DNA samples can only be held by the police for 3 years if a person has been found not guilty.
How is CCTV and reputations / photos held to be a reasonable expectation of privacy?
Peck v UK - images on a CCTV accidently released to police were held to have breached the applicants privacy.
What questions need to be asked when deciding if there has been a breach of article 8?
- Does C have reasonable expectations of privacy?
- What was the nature of the activity in which the claimant was engaged?
- What was the effect on the claimant?
What are the facts of Peck v UK?
publication of CCTV images of claimant trying to commit suicide. Breach of article 8.
What does the right to a family life include?
Respecting a persons choice on how they conduct their family relationships, e.g. sexual activity, marriage, immigration
What happened in Agyarko and Ikuga v Secretary of state?
Not allowing the applicants to remain in the UK with their husbands did not breach A8 as there was no reason why they could not continue their marriage outside the UK
Can you interfere with this law?
No except in accordance with law.
What criteria must be followed when restricting this law?
The restriction must be necessary in a democratic society (reasonable and proportionate)
What are the legitimate aims?
- interests of the public
- prevention of crime
- protection of health and morals
- Freedom of others
