article 8 compiled Flashcards
(32 cards)
What rights are protected under Article 8(1) of the ECHR?
Article 8(1) protects the right to respect for private life, family life, home, and correspondence.
What type of right is Article 8 and when can it be interfered with?
Article 8 is a qualified right and can be interfered with under Article 8(2) if the interference is lawful, pursues a legitimate aim, and is necessary and proportionate in a democratic society.
What legitimate aims justify interference under Article 8(2)?
National security, public safety, economic well-being, prevention of crime/disorder, protection of health/morals, and the protection of others’ rights and freedoms.
What is included in the concept of “private life” under Article 8?
It includes physical (Wainwright v UK) and psychological integrity, gender identity, sexual orientation, name, data privacy, and social identity.
Can the workplace be considered part of a person’s private life under Article 8?
Yes, offices and workplaces are included. (Niemietz v Germany, 1992)
What does Article 8 say about personal development?
Article 8 protects the development of personal identity, relationships, and participation in social, cultural, and economic life, including transgender rights.
How can the state violate Article 8 in relation to transgender individuals?
When it discriminates on the basis of gender identity. (AB v Secretary of State for Justice; Goodwin v UK, 2002)
How does Article 8 apply to celebrities’ private lives?
Celebrities have Article 8 rights but with a reduced expectation of privacy. Courts balance these with Article 10 (freedom of expression). (Von Hannover v Germany, Campbell v MGN)
What factors are considered when determining a celebrity’s Article 8 claim?
Public interest, notoriety, prior conduct, content of publication, method of obtaining information, and individual well-being. (Von Hannover v Germany, Campbell v MGN)
What is the Article 8 position on children of celebrities being photographed?
It is a breach of Article 8 to photograph a celebrity’s child without parental consent. (Murray v Big Pictures)
What types of personal data are protected under Article 8?
Photographs, videos, medical records, and private correspondence.
Is taking photographs by the state always a breach of Article 8?
No, but retaining them without legitimate purpose is. (Wood v Commissioner of Police, 2009)
Can minors access medical care without parental consent under Article 8?
Yes, if they are deemed “Gillick competent” (Axon v SoS for Health; Gillick v West Norfolk)
What does Article 8 protect regarding correspondence?
It protects privacy in communications like letters, emails, texts, and phone calls.
When can the state monitor correspondence without breaching Article 8?
When it’s lawful, necessary, and proportionate. (Klass v Germany, Copland v UK)
What does the right to home under Article 8 involve?
The right to peacefully enjoy one’s existing home, but not a right to be provided with a home.
What actions can lawfully interfere with home life under Article 8(2)?
Police entering with a warrant, lawful evictions(Connors v UK), or surveillance—if done lawfully. (Halford v UK)
How is ‘family life’ defined under Article 8?
Broadly, based on close personal ties, including biological, adoptive, foster, same-sex and cohabiting relationships. (Kroon v Netherlands)
What determines the existence of family life in court?
Facts of the case, not legal formalities. (Kroon v Netherlands)
Whose rights are prioritized when children are involved?
The child’s best interests are paramount. (Johansen v Norway)
What is the tort of misuse of private information?
A legal claim protecting private information from unauthorised use or disclosure.
What are the 2 requirements to establish misuse of private information?
(1) The information is inherently private, and (2) there is a reasonable expectation of privacy. (Campbell v MGN)
What factors determine whether information is private?
Claimant’s identity, activity nature, setting, intrusion purpose, consent, impact on claimant, and obtaining method. (Murray v Big Pictures)
How do courts balance Article 8 and Article 10 rights?
By considering whether privacy outweighs freedom of expression, using proportionality and public interest tests.
