Article 8 Flashcards
(12 cards)
What does Article 8 of the ECHR protect?
The right to respect for:
Private life
Family life
Home
Correspondence
State interference allowed only if:
In accordance with the law
Necessary in a democratic society
Pursues a legitimate aim (e.g. national security, prevention of crime)
What triggers Article 8?
When the state interferes with:
Private/family life
Home
Correspondence
Engagement requires analysis of:
Type of right affected
Nature of interference
Legal and proportional justification
What aspects of life fall under “private life” in A.8?
Sex life and gender identity
Personal data (DNA, fingerprints)
Reputation
Health records
Photos and personal images
Names, addresses, phone numbers
🟦 Case: Wainwright v UK – Strip search breached private life and dignity.
What situations are covered under “family life”?
Marriage and relationships
Adoption and care proceedings
Access to children
Immigration leading to family separation
What does “correspondence” include under A.8?
Letters, emails, texts
Phone calls
Packages and mail
🟦 Case: Halford v UK – Phone call interception without law was a breach.
What is protected under “home” in Article 8?
Protection from unlawful entry
Applies to owned, rented, or business premises
🟦 Police entry without legal basis = breach.
What must be shown for lawful state interference with A.8?
In accordance with the law
Necessary in a democratic society
Pursues a legitimate aim (e.g. national security, health protection)
What domestic laws justify interference under Article 8?
Defamation Act 2013 – protection of reputation
Protection from Harassment Act 1997 – anti-stalking
Regulation of Investigatory Powers Act 2000 – regulates surveillance
Malicious Communications Act 1998 – stops threats/offensive messages
Data Protection Act 1998 & 2018 – controls use/storage of personal data
Investigatory Powers Act 2016 – modern surveillance law (e.g. internet data)
Why is Campbell v MGN Ltd significant for Article 8?
Naomi Campbell’s drug treatment and photos were published.
Court found breach of her privacy rights.
Established misuse of private information tort.
Balanced A.8 (privacy) vs A.10 (free expression).
Emphasised “reasonable expectation of privacy.”
What principle was established in Halford v UK?
Police intercepted her phone calls at work.
No legal basis for interception – breach of Article 8.
Highlighted that state actions must be “in accordance with the law.”
How did Wainwright v UK demonstrate a breach of Article 8?
Claimants strip-searched without safeguards in prison.
Court found this humiliating and degrading.
No law or procedure to justify the interference.
Breach of private life under A.8.
The legitimate aims?
National security
Public safety
Economic well-being of the country
Prevention of crime or disorder
Protection of health or morals
Protection of the rights and freedoms of others
