Article 8

Question 1

1) Intro

Answer 1

• Under Article 8, everyone has the right to respect for his private & family life, home & correspondence.
• S.7 HRA allows a prospective victim to bring proceedings against authority in an appropriate court/tribunal.

Question 2

2) Respect

Answer 2

• Respect under Article 8 means the state must not interfere as everyone has the right to respect for his private & family life, home & correspondence.
• The state has a positive obligation under Article 8 & must take positive steps to protect these rights.

Question 3

3) Article 8.2

Answer 3

•Under Article 8.2, there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law & is necessary in a democratic society in the interests of:

• national security
• public safety
• prevention of disorder/crime
• protection of health/morals
• protection of rights & freedoms of others.

Question 4

4) Von Hannover

Answer 4

• The law aims to protect a person’s right to respect for his private & family life, home & correspondence.
• In Von Hannover, the court said everyone has a legitimate expectation that their private life will be protected.
• (In Campbell, it was held that the publications of her photos outside a rehab clinic was an interference with her right to privacy.)
• (The law protects children of celebrities from publications of unauthorised photos, unless their parents have exposed them to publicity (Murray).)

Question 5

5) Interference

Answer 5

•In Wood, the police had interfered with C’s right to respect for his private life as they failed to justify the interference was in accordance with law, necessary & proportionate, & for one/more of the legitimate aims.

Question 6

6) Apply

Answer 6

Has C’s right to private life been interfered with?

Question 7

7) Private information

Answer 7

• The tort of misuse of private information is about releasing info about someone.
• In Vidal-Hall it was confirmed the misuse of private information is a tort.
• The tort of defamation is when a statement is said about someone which is incorrect.
• Applicants have to show the publication of the statement caused/is likely to cause them serious harm.

Question 8

8) Only if relevant

Answer 8

• Respecting the confidentiality of health data is a vital principal in the legal systems of all member states under the Convention.
• Under the Malicious Communications Act 1998, it’s an offence to send another a letter/article which conveys:
• a message which is indecent/grossly offensive,
• a threat,
• info which is false & the sender knows/believes it’s false.

Question 9

9) Apply

Answer 9

Apply cards 7 & 8

Question 10

10) Private life and gender (only if relevant)

Answer 10

• Gender Recognition Act 2004 allows transsexual individuals to apply for legal recognition for their new gender.
• The Marriage Act 2013 has legalised same-sex marriage.
• In AB v Secretary the continued detention of a pre-operative transgender woman in a male prison breached her right to privacy.

Question 11

11) Family life (only if relevant)

Answer 11

• Article 8 gives the right to enjoy family relationships without interference from the state.
• This includes the right to live with or regular contact with family.

Question 12

12) Home (only if relevant)

Answer 12

• Public authorities shouldn’t stop you from entering/living in your home without good reason, nor should they enter without your permission.
• ‘Home’ is a right to enjoy your existing home peacefully, rather than a right to a house.

Question 13

13) PJS v News Group

Answer 13

• In PJS v News Group, it was decided that neither Article 8 nor Article 10 has preference over the other.
• The one which takes precedence will be decided based on the individual facts of each case.

Question 14

14) Conclusion

Answer 14

Has C’s right to respect for private life been violated?

Question 15

15) Remedy

Answer 15

Injunction or damages.