Article 8 Flashcards
What is Article 8 about?
The Right To Respect For Family and Private Life
Definition of Article 8 (1)?
Everyone has the right to respect for his private and family life, his home and correspondence
Definition of Article 8 (2)?
There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interest of
national security
public safety and economic wellbeing of a country
prevention of disorder or crime
protection of health and morals
protection of the rights and freedoms of others
What does everyone mean under Article 8?
As far as Article 8 is concerned this includes businesses
What does respect mean under Article 8?
Regard state not to interfere and has positive aspects
What does necessity mean under Article 8?
Action must be necessary in a democratic society
What does proportionality mean under Article 8?
Proportionate to the needs of society or a pressing social need
Meaning of private life under Article 8?
Includes matters such as physical and psychological integrity, sex life and gender, personal data and reputation, names and photos
Cases under private life Article 8?
Niemietz v Germany
Halford v Uk
MS v Sweden
Von Hannover v Germany (No1)
Point of law in Niemietz v Germany for Article 8?
Inner circle was violated
Point of law in Halford v Uk for Article 8?
Intercepting private phone calls can amount to a breach
Point of law in MS v Sweden for Article 8?
“respecting confidentiality of health data is a vital principle in the legal system of all contracting parties in the convention”
Point of law in Von Hannover v Germany (No1) for Article 8?
Celebrities private life must be protected
Meaning of family life under Article 8?
Right to enjoy family relationships without interference from the state
Cases under family life Article 8?
Gaskin v Uk
Johannsen v Norway
Point of law in Gaskin v Uk for Article 8?
Must be specific jurisdiction for preventing individuals from have access to information which forms part of their private and family life.
Refusal to allow access to records is a breach
Point of law in Johannsen v Norway for Article 8?
Best interest of the child may override those of the parents
Meaning of home under Article 8?
With regard to Article 8 this is a right to enjoy your existing home peacefully
Case under home Article 8?
McDonald v McDonald
Meaning of correspondence under Article 8?
This means the right to uninterrupted and uncensored communications with others
Case under correspondence Article 8?
Barbulescu v Romania
Defences that can be used under Article 8?
Truth
Honest opinion
Publication of public interest
Internet defence
Privilege
Acts under Article 8?
The tort of misuse of private information
Defamation Act 2013
The Protection from Harassment 1997
The Data Protection Act 1998
Malicious Communications Act 1998
Investigatory Powers Act 2016
Cases for the tort of misuse of private information under Article 8?
Vidal-Hall v Google
Wainwright v Home Office
Axon v Secretary of State for Health
Point of law in Vidal-Hall v Google under Article 8?
Confirmed misuse of private information is a tort
Point of law in Wainwright v Home Office under Article 8?
Article 8 does include touching of the body as part of the right to private life
Point of law in Axon v Secretary of State for Health under Article 8?
Provided the child is competent, the parental right to decide medical treatment is ended or else there is a potential violation of Article 8
Gillick Competent - term used to assess child’s maturity
What does malicious mean under Article 8?
Indecent, grossing offensive, absence, or threatening/menacing and intending to cause the recipient distress or anxiety
Case under The Investigatory Powers Act 2016 under Article 8?
Tele2 Sverige and Watson
What does defamation mean under Article 8?
Written communication of a false statement about another that unjustly harms their reputation
What does slander mean under Article 8?
Untrue spoken statement
What does personal data mean under Article 8?
Data relating to a living individual who can be identified from those data and other information
Cases for the Data Protection Act 1998 under Article 8?
Axon case
Murray v Big Pictures (UK) Ltd
Point of law in Axon case under Article 8?
States medical records count as data
Point of law in Murray v Big Pictures (UK) Ltd under Article 8?
Children should be protected from intrusive media attention
