Articles 8 and 10

Question 1

NIADS

Answer 1

necessary in a democratic society

Question 2

Unannounced visits for monitoring purposes are considered acceptable as long as they are

Answer 2

not overly frequent and do not lead to disclosure of private information about the offender

Question 3

prison authorities may only open a letter from a lawyer to a prisoner when they have

Answer 3

‘reasonable cause’ to believe that it contains an illicit enclosure that the normal means of detection have failed to disclose. The letter should only be opened NOT read.

Question 4

The right to respect for one’s home entails both

Answer 4

protection against intrusion into the home and;
respect to the home as a source of security and comfort

Question 5

What is required to take preventative action against disorder or crime?

Answer 5

a reasonable apprehension of a sufficiently imminent breach of the peace is required before any form of preventive action is permissible

Question 6

ECtHR approach to morality

Answer 6

there is no uniform European conception of morality, so national authorities are in a better position to assess the necessity for any restriction on freedom of expression in order to uphold their own moral code

Question 7

article 10 can protect not only the substance of ideas or information expressed, but also the

Answer 7

tone or manner in which they are conveyed

Question 8

super-injunction

Answer 8

an order restraining publication of material and, additionally, restraining information about the content of the order itself and even of the fact that an order was made

Question 9

‘indirect horizontal effect’ between art 8 and art 10

Answer 9

involves the courts carrying out a balancing exercise between competing art 8 and art 10 interests

Question 10

2 elements necessary for determining whether there has been misuse of private information

Answer 10

Whether article 8 is engaged in the first place depends solely on whether the applicant has a ‘reasonable expectation of privacy’
If article 8 is engaged, conduct a balancing exercise between the competing rights in articles 8 and 10 and consider whether the publication was necessary.

Question 11

Test for whether there is a reasonable expectation of privacy

Answer 11

1) The courts will ask whether the information is obviously private.

2) the courts will then consider whether a reasonable person of ordinary sensibilities, if placed in the same situation as the subject of the disclosure, would find the disclosure offensive.

Question 12

there will be no reasonable expectation of privacy in respect of information that is in the

Answer 12

public domain

Question 13

The court will take into account a range of factors when determining the balance between article 8 and article 10 interests, but the ECtHR has held that the decisive factor is the extent to which the material in question contributes to a

Answer 13

public debate of general interest

Question 14

Is there a positive obligation under Article 8 on contracting states to require individuals to receive notification from the press in advance of publication of information that interferes with their private lives?

Answer 14

No as this would have a chilling effect on the right to freedom of expression guaranteed by article 10

Question 15

If a private party wishes to invoke a Convention right against another private party there must be a

Answer 15

pre-existing cause of action against the other private party upon which to ‘hang’ the Convention right