Article 8 The right to family life

Question 1

Definition

Answer 1

Right to enjoy family relationship without state interference.

Question 2

Kroon

Answer 2

Violation of Art8 by not allowing a mother to grant paternity to her husband.

Question 3

Yousef

Answer 3

Child must be the paramount consideration

Question 4

Johansson

Answer 4

Breach of Art8 for not allowing a woman the freedom to name her child.

Question 5

Marriage

Answer 5

Marriage is protected except from sham marriages.

Question 6

Agarko

Answer 6

No breach as was not preventing family life the women could continue their marriages outside the uk.

Question 7

The right to his home

Answer 7

Right to enjoy one’s home peacefully

Question 8

Do the public have the right to own a home?

Answer 8

No

Question 9

What is the limitations for the public authorities?

Answer 9

They are unable to enter someone else’s home without good reason.

Question 10

Khatan

Answer 10

Allocation of leased accommodation to homeless person was unlawful.

Question 11

Niemetz

Answer 11

Search of office breached Art8

Question 12

Connors

Answer 12

Lack of procedural safeguard to eviction breached Art8.

Question 13

The right to his correspondence

Answer 13

Right to uninterrupted and uncensored communication with others.

Question 14

Golder

Answer 14

State must have legal justification and meet legitimate aim to interfere with private correspondence.

Question 15

Barbulescu

Answer 15

Communications sent from and received at people’s workplaces are protected.

Question 16

What does Art8(2) do?

Answer 16

Interests of national security or crime prevention

Question 17

What is Art8(2) given?

Answer 17

A wide margin but must have legal basis and be proportionate.

Question 18

What’s the police surveillance act?

Answer 18

Police Act 1997

Question 19

Police Act 1997

Answer 19

Separate surveillance powers for the police.

Question 20

What must the police have?

Answer 20

A warrant from a chief constable.

Question 21

Andrew

Answer 21

Compensation as mobile phone data obtained without proper authorisation.

Question 22

Klass

Answer 22

Secret surveillance protected the public and promoted freedom so wasn’t a breach.

Question 23

Halford

Answer 23

Telephone calls intercepted held as breach of private life.

Question 24

Wood

Answer 24

Dismissed appeal as taking photos was lawful.

Question 25

State surveillance

Answer 25

Regulation of Investigatory Powers Act 2000

Question 26

Regulation of Investigatory Powers Act 2000

Answer 26

Regulates how public bodies may carry court surveillance
Set up investigatory powers tribunal

Question 27

Investigatory Powers Act 2016

Answer 27

Created an investigatory powers commissioner
Allows state hacking and surveillance for public safety.

Question 28

Big brother

Answer 28

Court found UK mass surveillance to be violation of privacy and freedom.

Question 29

Tele2

Answer 29

Permitted to retain targeted data for fighting serious crimes.

Question 30

Remedies

Answer 30

Through domestic courts
Press complaints
Through Judicial review
Tribunal

Question 31

Through domestic courts

Answer 31

Financial compensation or damages
Injunctions

Question 32

Press Complaints

Answer 32

Through the IPSO

Question 33

Tribunal

Answer 33

Investigatory powers tribunal

Question 34

Investigatory powers tribunal

Answer 34

Investigates complaints about alleged conduct of public bodies in relation to members of the public.