Article 8 The right to family, home, correspondence, interests and remedies Flashcards
Definition
Right to enjoy family relationship without state interference.
Kroon
Violation of Art8 by not allowing a mother to grant paternity to her husband.
Yousef
Child must be the paramount consideration
Johansson
Breach of Art8 for not allowing a woman the freedom to name her child.
Marriage
Marriage is protected except from sham marriages.
Agarko
No breach as was not preventing family life the women could continue their marriages outside the uk.
The right to his home
Right to enjoy one’s home peacefully
Do the public have the right to own a home?
No
What is the limitations for the public authorities?
They are unable to enter someone else’s home without good reason.
Khatan
Allocation of leased accommodation to homeless person was unlawful.
Niemetz
Search of office breached Art8
Connors
Lack of procedural safeguard to eviction breached Art8.
The right to his correspondence
Right to uninterrupted and uncensored communication with others.
Golder
State must have legal justification and meet legitimate aim to interfere with private correspondence.
Barbulescu
Communications sent from and received at people’s workplaces are protected.
What does Art8(2) do?
Interests of national security or crime prevention
What is Art8(2) given?
A wide margin but must have legal basis and be proportionate.
What’s the police surveillance act?
Police Act 1997
Police Act 1997
Separate surveillance powers for the police.
What must the police have?
A warrant from a chief constable.
Andrew
Compensation as mobile phone data obtained without proper authorisation.
Klass
Secret surveillance protected the public and promoted freedom so wasn’t a breach.
Halford
Telephone calls intercepted held as breach of private life.
Wood
Dismissed appeal as taking photos was lawful.
State surveillance
Regulation of Investigatory Powers Act 2000
Regulation of Investigatory Powers Act 2000
Grounds for surveillance
How powers are granted
Mechanism for challenging use of power
Investigatory Powers Act 2016
Created an investigatory powers commissioner
Allows state hacking and surveillance for public safety.
Big brother
Court found UK mass surveillance to be violation of privacy and freedom.
Tele2
Permitted to retain targeted data for fighting serious crimes.
Remedies
Through domestic courts
Press complaints
Through Judicial review
Tribunal
Through domestic courts
Financial compensation or damages
Injunctions
Press Complaints
Through the IPSO
Tribunal
Investigatory powers tribunal
Investigatory powers tribunal
Investigates complaints about alleged conduct of public bodies in relation to members of the public.
What did the regulation of investigatory powers act 2000 establish?
The investigatory powers tribunal
What is the investigatory powers tribunal?
An independent court
What does the investigatory powers tribunal investigate?
Claims arising under RIPA and HRA
RIPA what must the interference be?
Proportional
RIPA When must surveillance be used?
When its necessary.
Necessary surveillance
National security
Interests of economic wellbeing of UK.
Where is RIPA challenged?
At a tribunal
What does an Investigatory powers commissioner do?
Oversees and checks surveillance is being done correctly.
What does the IPA 2016 obtain?
Communications data
Who authorises an interception warrant?
Security of state and a judge
What happens if someone does not agree with the decision made by the security of state and judge?
They can appeal against the decision.
