Article 8 Evaluation

Question 1

I- What is Article 8?

Answer 1

The right to respect for family, private life, home and correspondence.

Question 2

I-Proportionality

Answer 2

Balance between individual and community.

Question 3

I-Margin of appreciation

Answer 3

Amount of discretion the ECHR will give state.

Question 4

I-Living instrument principle

Answer 4

State has positive obligation to review law and change if necessary.

Question 5

I-Living instrument principle case

Answer 5

Sheffield

Question 6

I-Qualified right

Answer 6

Limited in certain circumstances set out in Art8(2)

Question 7

I-What must limitations be ?

Answer 7

In accordance with law
Meet legitimate aims
Necessary in democratic society

Question 8

I-Legitimate aims

Answer 8

Protection of national security
Public safety
Prevention of disorder or crime
Rights of freedoms of others

Question 9

I-When is ART8 restricted?

Answer 9

When state security and ART10 are prioritised.

Question 10

Family Life A01

Answer 10

Includes various types of family relationships.
Right of a child will always be paramount.
Removing a child from family needs to be proportionate.

Question 11

Removing a child from family needs to be proportionate case

Answer 11

Johansen

Question 12

Family life A03 Positive

Answer 12

Wide definition and under living instrument so recognise families take different forms.
Right seen as important so protected.
HRA principles of Human dignity and freedom are protected.

Question 13

Recognise families take different forms example

Answer 13

Same sex marriages

Question 14

Right seen as important so protected

Answer 14

Johansen

Question 15

Family life A03 negative

Answer 15

Having boyfriends did not stop uk refusal of application of two woman living in the Uk illegally.
State has power to take children which the ECHR does not intervene with.

Question 16

refusal of application of two woman living in the Uk illegally case

Answer 16

agyrako

Question 17

Private life A01

Answer 17

Includes photographic images and personal data.
Includes phone conversations.
Includes Medical records.

Question 18

Photographic images and personal data

Answer 18

Gillian

Question 19

Phone conversations

Answer 19

Halford

Question 20

Medical records

Answer 20

Axon

Question 21

Private life A03 positive

Answer 21

Wide definition lots of protection to individuals.
Many of Uk and ECHR cases protect right and are quick to find a violation.
Acts of parliament protect the right.

Question 22

Acts of parliament protect the right

Answer 22

Axon
Data protection

Question 23

What does Axon protect?

Answer 23

Medical data

Question 24

What does Data protection protect?

Answer 24

Personal data

Question 25

Private life A03 Negative

Answer 25

Cases highlight there could still be an improvement. Celebrities have benefited more than the public.

Question 26

What case highlights private life could be improved?

Answer 26

Marper

Question 27

What happened in Marper?

Answer 27

DNA samples held by police of people never charged with offence.

Question 28

Correspondence A01

Answer 28

Includes telephone conversations, text, email. Investigatory powers act 2016 allows state hacking and surveillance for public safety.

Question 29

Investigatory powers act 2016 example

Answer 29

Snoopers charter

Question 30

Correspondence A03 Negative

Answer 30

Investigatory powers act 2016 allows hacking and surveillance which is deemed as a breach of Art8. GCHQ monitor millions of communications and share with USA. ECHR rarely intervene.

Question 31

Correspondence A03 Positive

Answer 31

Effectively balances rights between individuals and the way community deals with correspondence. Access items by using 3 requirements in Art8(2) Strict uk laws argue need to protect from potential terrorists.

Question 32

What are the three requirements in Art8?

Answer 32

In accordance with law Meet a legitimate aim Necessary in a democratic society

Question 33

Accordance with law example

Answer 33

Data protection

Question 34

Accordance with law case

Answer 34

Germany

Question 35

Meet a legitimate aim example

Answer 35

National security

Question 36

What does it mean for something to be necessary in a democratic society?

Answer 36

Proportionate Margin of appreciation

Question 37

What did Lord Walker say about family life?

Answer 37

Words are unclear so rights developed from article could be seen as 'volatile and abstract'

Question 38

How is private life established?

Answer 38

On a case law basis so key areas can be set out.

Question 39

Case law basis case

Answer 39

Pretty

Question 40

No general right to privacy case

Answer 40

Peck

Question 41

Celebrities have benefited more than the public case

Answer 41

Campbell

Question 42

Many of UK and ECHR cases protect right and are quick to find a violation case

Answer 42

Handyside

Question 43

National security A01

Answer 43

IPA Wide scope

Question 44

IPA scope

Answer 44

Snooper's charter

Question 45

National security A03 Positive

Answer 45

State is able to protect from terroritsts.

Question 46

State is able to protect from terrorists case

Answer 46

Ripper

Question 47

National security A03 Negative

Answer 47

Rarely intervene Too much power to state Failed to take into account the discriminatory impact of facial recognition. Wide national security leaves citizens not properly protected.

Question 48

Failed to take into account discriminatory impact of facial recognition case

Answer 48

South Wales

Question 49

Private life case

Answer 49

Cliff Richard

Question 50

Cliff Richard case

Answer 50

Judge realised the situation was one of 'public concern' but the individual was still given reasonable expectation to privacy.

Question 51

Judgement of private life

Answer 51

Law does effectively balance rights of the individual and those in community in relation to media stories about celebrities