Article 8 Eval

Question 1

Celebrities and private life

Answer 1

Cases involving celebrities against press has strengthened right to privacy (Campbell, Sir Cliff Richard)

Can be damaging as media can claim this has chilling effect - where journalists are scared to do investigative work against individuals including politicians - scrutiny in democracy

Also, a gain under article 8 is a loss under article 10, meaning it seems quite unfair and doesn’t allow both rights to coexist

Question 2

article pushes for a positive change in society

Answer 2

Is able to enact change for vulnerable minority groups in society
e.g:
transgender rights - Rees#
attempted suicide - Peck
same-sex relationships - Dudgeon

environmental human rights are undeveloped and wide margin allows for inconsistency in protecting rights of said vulnerable groups

Question 3

qualified right

Answer 3

means there are legitimate reasons why the state can restrict this right however has to be proportionate and within margin of appreciation

balances rights of individual against community - positive obligation to protect - however can favor community if end result may be violence
e.g. Wood said that police wanted to protect public but could not store photos or videos in doing so
Campbell balancing a.8 and 10

However, article 8 and 10 are balanced and have no precedent that the ECtHR follows so it can leave people confused as to whether their rights will be protected over the communities

Question 4

technology/surveillance

Answer 4

Police are allowed to store biometric data and communications under RIPA

Can be argued this is for public safety but can be seen as too invasive into peoples privacy
Investigation Powers Act allows for very deep invasions into people such as internet history and communications

Tele2 Sverige case said that this appears to be breach of article 8 but law still stands - so can be argued it is acceptable