Article 8 The right to private life

Question 1

Niemietz

Answer 1

Private life includes work.

Question 1

Right to a private life

Answer 1

The right to live one’s life in a way a person chooses to do so in private.

Question 2

Petty

Answer 2

Includes physical and social identity

Question 3

Including personal data and images case

Answer 3

Peck
Bensaid

Question 4

Peck

Answer 4

Violation with disclosure of council footage of attempted suicide.

Question 5

Bensaid

Answer 5

includes mental health

Question 6

What does sexual identity and gender illustrate?

Answer 6

The living instrument principle

Question 7

Rees

Answer 7

No violation as wide interpretative margin

Question 8

Horsham

Answer 8

No violation but Uk did receive criticism.

Question 9

AB

Answer 9

Led to Marriage Act 2003

Question 10

Dudegon

Answer 10

Criminalising homosexual acts violated Art8

Question 11

Avon

Answer 11

Court held doctor did not have to share medical information to parent as child was Gillick competent.

Question 12

Marper

Answer 12

Taking DNA indefinitely was a breach of Art8.

Question 13

What did the case of Marper lead to?

Answer 13

Protection of Freedoms Act 2012

Question 14

Gaughran

Answer 14

Indefinite retention is too long so a breach.

Question 15

What’s the act for sex offenders?

Answer 15

S82 Sexual offences Act 2003

Question 16

What did S82 Sexual offences Act 2003 say?

Answer 16

Rest of life must notify the police of their home address and of any travel abroad.

Question 17

F and Thompson

Answer 17

Considered whether the Act was a breach of Art8

Question 18

Data protection acts

Answer 18

Data Protection Act 2018
General data protection regulations 2018

Question 19

What does data protection do?

Answer 19

Controls the use of personal data by businesses and state.

Question 20

Key provisions of data protection

Answer 20

Six principles
Definition of data and data processing is wide
Used fairly, lawfully and transparently

Question 21

Press freedom

Answer 21

Art8 has to balance the right to impart information and freedom of the press.

Question 22

When is press intrusion justified?

Answer 22

If in interests of justice according to Art10.

Question 23

Campbell

Answer 23

Breach of confidentiality and Art8.

Question 24

PJS

Answer 24

Court ruled privacy rights of PJS under Art8 outweighed Art10.

Question 25

Murray

Answer 25

Court dismissed claim as lack of reasonable exception of privacy.

Question 26

Press complaints

Answer 26

Independent body which investigates complaints from the public about the media.

Question 27

Duty of confidentiality scope

Answer 27

When someone shares personal information in confidence it must not be disclosed without some form of legal authority or jurisdiction.

Question 28

Duty of confidentiality remedies

Answer 28

Injunction Damages Profit

Question 29

Defences to duty of confidentiality

Answer 29

Public domain Information not confidential Public interest

Question 30

Public domain case

Answer 30

Spy catcher

Question 31

Public interest case

Answer 31

Sunday times

Question 32

When was the protection from harassment act created?

Answer 32

1997

Question 33

Harassment Act 1997

Answer 33

Promotes private life by dealing with stalking and harassment offences as well as remedies.

Question 34

What must the claimant prove for breach of confidentiality?

Answer 34

Information obtained with obligation of confidence. Must have quality of confidence. Must be used in an unauthorised way. Must suffer in a determinant way.

Question 35

Quality of confidence

Answer 35

Information must not be useless Information must not already be in the public domain.