article 8 ao3

Question 1

strength - prevention

Answer 1

• ensures cant be unlawfully detained , protection against state abusing power
• judicial oversight needed for detention , fairness

e.g
winterwerp v Netherlands., failing to follow legal procedures for detaining someone with mental illness breached

Question 2

strength - social change

Answer 2

• adapts to social change
• definition of family life = includes same sex relationships , cohabiting couples, blended families
• etchr , recognises that family life = not limited to marriage/biological ties

e.g schalk v austria - same sex couples = granted family life protection under art 8

Question 3

strength - privacy change

Answer 3

• correspondance definiton , includes emails , phone calls, digital data
• laws e.g gdpr and data protection , reinforces protections

e.g s and marker v uk , indefinite retention of dna samples by police , violation

Question 4

limitation - private life meaning

Answer 4

• concept of private life , widely interpreted, decisions inconsistent
• no clear def - uncertainty in claims
• e.g agyarko v home secretary = boyfriends of uk c

Question 5

limitation -cctv

Answer 5

gov says cctv needed for safety
- courts often allow wide police/intellegignece powers, reduces art protection

• e.g guaghran v uk , indefinite retention of finger prints and photos = breach , surveillance = weren’t

Question 6

limitation - public interest

Answer 6

• public interest argument = weakens claim
• media = can publish private information if its deemed in the publics interest

e.g
a v b - footballers extramarital affair , ruled of public interest , art 8 didnt apply