Article 8 (AO2) Flashcards
What is the AO2 plan split into?
-Article 8
-Article 8(2)
-Relevant restrictions
What are the relevant 8 restrictions that could be applied?
-Police searches
-Surveillance
-Data
-Press intrusion
-Sexuality/transgender
-Family Life
-Home
-Correspondance
How would you apply Article 8?
-The C is seeking to protect his/her right to a private life, this is because…
-The C has/hasn’t a reasonable expectation of privacy because… (celeb and criminals)
How would you apply Article 8(2)?
-The interference with the C’s right to a private life could be justified under Article 8(2) because… (CHOOSE ONE OF THE THREE)
-Was it in accordance with a law (does statute allow for interference, does UK need to update law)
-Was it in accordance with a legitimate aim (explain which one)
-Was it necessary in a democratic society (was interference proportional, individual privacy vs the communities need to know + was it in margin of appreciation)
How would you apply Police searches?
-Explain how police conducted search…
-Is police search proportionate…
-Is the search justified? (concern with criminal activity)
How would you apply Surveillance?
-Explain how C is under surveillance
-Is there a legal basis for surveillance
-Is surveillance most appropriate measure for achieving the aim
-Is surveillance being used for prevention of crime?
How would you apply data?
-Explain there is no automatic right to privacy for data
-Unless data is medical, if the person is Gillick competent then data is confidential (EXPLAIN HOW PERSON IS OR ISNT GILLICK COMPETENT)
-If data has been interfered with the C can claim through the tort of breach of confidence for interference
How would you apply press intrusion?
-Explain how press have interfered with right to private life…
-This is/isn’t reasonable intrusion because…
-Intrusion in interest of public or just interesting to public
-Someone in public eye cant expect same level of privacy as ordinary citizen
-What is previous conduct?
-Can content be offensive?
-Do press have consent to intrusion
-Does right to publish outweigh right to privacy?
How would you apply sexuality/transgender?
-State that sexuality covered by private life / state if issue relating transgender it is covered by right to personal development
-How has private life right been breached?
-Is breach justified? (National security, prevention of crime, public health and morals)
-State that no barriers or discrimination can be placed on people due to gender or sexuality
How would you apply family life?
-Explain relationship between parties?
-Is this a relationship that qualifies for protection?
-There is a right to contact between family members…
-(IF IT CONCERNS CARE PROCEEDINGS) Does it fall under margin of appreciation for UK? Is there a legitimate aim for no contact? is it in best interests of child?
How would you apply home?
-Does state have legitimate reason to enter?
-If the person is committing an unlawful activity - explain this activity and why it justify state interference
-If behaviour is lawful explain why stating that lawful behaviour prevents state interference
How would you apply Correspondance?
-Explain what the state have done and what correspondance has been interfered with
-Explain whether police are protecting public safety…
-Explain why monitoring is part of a criminal investigation…
-State police cant monitor for phishing
-State can monitor if concerning democratic institutions
-Allowed to monitor in work place if correspondance involves a serious crime
