Article 8

Question 1

What is Article 8 about?

Answer 1

The Right To Respect For Family and Private Life

Question 2

Definition of Article 8 (1)?

Answer 2

Everyone has the right to respect for his private and family life, his home and correspondence

Question 3

Definition of Article 8 (2)?

Answer 3

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

Question 4

What does everyone mean under Article 8?

Answer 4

As far as Article 8 is concerned this includes businesses

Question 5

What does respect mean under Article 8?

Answer 5

Regard state not to interfere and has positive aspects

Question 6

What does necessity mean under Article 8?

Answer 6

Action must be necessary in a democratic society

Question 7

What does proportionality mean under Article 8?

Answer 7

Proportionate to the needs of society or a pressing social need

Question 8

Meaning of private life under Article 8?

Answer 8

Includes matters such as physical and psychological integrity, sex life and gender, personal data and reputation, names and photos

Question 9

Cases under private life Article 8?

Answer 9

Niemietz v Germany
Halford v Uk
MS v Sweden
Von Hannover v Germany (No1)

Question 10

Point of law in Niemietz v Germany for Article 8?

Answer 10

Inner circle was violated

Question 11

Point of law in Halford v Uk for Article 8?

Answer 11

Intercepting private phone calls can amount to a breach

Question 12

Point of law in MS v Sweden for Article 8?

Answer 12

“respecting confidentiality of health data is a vital principle in the legal system of all contracting parties in the convention”

Question 13

Point of law in Von Hannover v Germany (No1) for Article 8?

Answer 13

Celebrities private life must be protected

Question 14

Meaning of family life under Article 8?

Answer 14

Right to enjoy family relationships without interference from the state

Question 15

Cases under family life Article 8?

Answer 15

Gaskin v Uk
Johannsen v Norway

Question 16

Point of law in Gaskin v Uk for Article 8?

Answer 16

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

Question 17

Point of law in Johannsen v Norway for Article 8?

Answer 17

Best interest of the child may override those of the parents

Question 18

Meaning of home under Article 8?

Answer 18

With regard to Article 8 this is a right to enjoy your existing home peacefully

Question 19

Case under home Article 8?

Answer 19

McDonald v McDonald

Question 20

Meaning of correspondence under Article 8?

Answer 20

This means the right to uninterrupted and uncensored communications with others

Question 21

Case under correspondence Article 8?

Answer 21

Barbulescu v Romania

Question 22

Defences that can be used under Article 8?

Answer 22

Truth
Honest opinion
Publication of public interest
Internet defence
Privilege

Question 23

Acts under Article 8?

Answer 23

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

Question 24

Cases for the tort of misuse of private information under Article 8?

Answer 24

Vidal-Hall v Google
Wainwright v Home Office
Axon v Secretary of State for Health

Question 25

Point of law in Vidal-Hall v Google under Article 8?

Answer 25

Confirmed misuse of private information is a tort

Question 26

Point of law in Wainwright v Home Office under Article 8?

Answer 26

Article 8 does include touching of the body as part of the right to private life

Question 27

Point of law in Axon v Secretary of State for Health under Article 8?

Answer 27

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

Question 28

What does malicious mean under Article 8?

Answer 28

Indecent, grossing offensive, absence, or threatening/menacing and intending to cause the recipient distress or anxiety

Question 29

Case under The Investigatory Powers Act 2016 under Article 8?

Answer 29

Tele2 Sverige and Watson

Question 30

What does defamation mean under Article 8?

Answer 30

Written communication of a false statement about another that unjustly harms their reputation

Question 31

What does slander mean under Article 8?

Answer 31

Untrue spoken statement

Question 32

What does personal data mean under Article 8?

Answer 32

Data relating to a living individual who can be identified from those data and other information

Question 33

Cases for the Data Protection Act 1998 under Article 8?

Answer 33

Axon case
Murray v Big Pictures (UK) Ltd

Question 34

Point of law in Axon case under Article 8?

Answer 34

States medical records count as data

Question 35

Point of law in Murray v Big Pictures (UK) Ltd under Article 8?

Answer 35

Children should be protected from intrusive media attention