Article 8 The right to private life Flashcards
Niemietz
Private life includes work.
Right to a private life
The right to live one’s life in a way a person chooses to do so in private.
Petty
Includes physical and social identity
Including personal data and images case
Peck
Bensaid
Peck
Violation with disclosure of council footage of attempted suicide.
Bensaid
includes mental health
What does sexual identity and gender illustrate?
The living instrument principle
Rees
No violation as wide interpretative margin
Horsham
No violation but Uk did receive criticism.
AB
Led to Marriage Act 2003
Dudegon
Criminalising homosexual acts violated Art8
Avon
Court held doctor did not have to share medical information to parent as child was Gillick competent.
Marper
Taking DNA indefinitely was a breach of Art8.
What did the case of Marper lead to?
Protection of Freedoms Act 2012
Gaughran
Indefinite retention is too long so a breach.