Article 8

Question 1

What is Article 8?

Answer 1

The right to privacy

Question 2

Is it a qualified right?

Answer 2

Yes, so it can be interfered with in circumstances like national security or to prevent a crime.

Question 3

What will make a lawful interference of article 8?

Answer 3

If it is based on an accessible law and the interference has a legitimate aim and is necessary.

Question 4

What article is a.8 linked to?

Answer 4

Article 10 the freedom of expression

Question 5

What will the court assess? (considering a.10 is linked with a.8)

Answer 5

Whether the information was in the public interest or whether the public was interested.

Question 6

What is a case used when the courts decide if it was public interest or not? why?

Answer 6

Ferdinand, where he profited from having the image of a family man.

Question 7

What will the state be allowed when it interferes with private rights?

Answer 7

A narrow margin of appreciation (not that much flexibility)

Question 8

What is the case that says the UK Govt gets a narrow margin of appreciation?

Answer 8

Dudgeon

Question 9

What does a.8 protect?

Answer 9

Private life, family life, respect of house and communications

Question 10

What does A.8 mean by “private life”?

Answer 10

You can live a life without government interference. You can decide for sexuality and gender, how you look like and it protects you from your name and photo being released.

Question 11

What is a case with how sexulaity/gender is protected under a.8?

Answer 11

Rees

Question 12

What case has relevance to the protection of names and photos from the public?

Answer 12

PJS

Question 13

What is the case of PJS?

Answer 13

when an affair was broadcasted in the news and the children of the person who had an affair were being bullied because of it so the article was banned in the UK, to protect the children.

Question 14

What does A.8 mean when it protects your “family life”?

Answer 14

It is so you can enjoy family relationships without state interference. So you can live with your family or talk to them.

Question 15

What does “family” apply to in A.8

Answer 15

All families, any unmarried couples, any adopted/fostered children to adopted/foster parents.

Question 16

What does A.8 mean when it says it protects “the respect for your home”

Answer 16

You have the right to enjoy your house peacefully. It is saying that public authorities should not stop you from entering your house, and only you can give permission for them to be on your property.

Question 17

What does having respect for your home not equate to?

Answer 17

The right to give you a house

Question 18

What does A.8 mean when it says it protects your correspondence?

Answer 18

you can communicate privately with others via phone, letter or online without government interference

Question 19

When can your communication be intercepted?

Answer 19

When it involves national security or public safety the investigatory powers act.

Question 20

What must your actions have to make A.8 applicable?

Answer 20

your actions must damage your reputation to a certain level of seriousness for it to be deemed necessary to publish.

Question 21

What case can be used when talking about the certain level fo seriousness your actions must have?

Answer 21

Campbell, her drug addiction was published and that wasn’t deemed wrong as she was a model inspiring young girls, they just got the information from her rehab which shouldn’t have been released, there was undue interference.

Question 22

What can mean that there is no claim to bring using A.8? (reputation)

Answer 22

the damage to your reputation was a foreseeable consequence of your actions, then there is no claim to bring.

Question 23

What does A v B PLC state?

Answer 23

public figures are entitled to private life but must expect their actions to be scrutinised.