Article 8 - topic 17

Question 1

What is a qualified right?

Answer 1

A right that can be restricted by the state in some circumstances.
A balance needs to be struck between the rights of the individual and the rights of the community.

Question 2

What is the margin of appreciation?

Answer 2

The amount of discretion the ECHR gives the state in the interpretation of the convention.
E.g. Homosexual rights and freedom.

Question 3

What counts as part of your private life?

Answer 3

1. Sexuality
2. Reputation/ names/ private information
3. Data

Question 4

Section 8.1

Answer 4

Everyone has the right to respect for his private and family life, his home and his correspondence.

Question 5

Section 8.2

Answer 5

Limitations would be allowed:
- in accordance with the law
- Necessary and proportionate
- and for a legitimate aim.

Question 6

Family Life

Answer 6

Respect a family’s choice regrading sexuality, marriage, children however Aggarko and Ikvga v SoS for Home Office states that only in exceptional circumstances would they be allowed to stay in the UK e.g. where there are insurmountable obstacles in the way.

Question 7

Home life

Answer 7

The right to enjoy your home without interference

Question 8

Correspondence

Answer 8

Phone calls, letters, text messages and emails.
Barbulescu v Romania - employers have to be warned if private emails are to be read.

Question 9

If a private individual or company has breached reasonable expectations of privacy…..

Answer 9

The claimant must sue using the tort of misuse of private information.
Campbell v Men

Question 10

Douglas v Hello

Answer 10

Confirmed the cases of ECHR can be used to interpret what tort of misuse of personal information is.

Question 11

PJS v New Grap

Answer 11

Neither A8 or A10 takes precedence over each other.

Question 12

McKennitt v Ash

Answer 12

Managed to prevent publication of book title by a threat on the grounds of privacy.

Question 13

What is proportionality?

Answer 13

Is the states interference proportionate in that it struck a fair balance between the rights of the individual and rights of the community?

Question 14

Warwright

Answer 14

The strip search in Warwright was subjected to by prison officers was held to violate Article 8 as it was disproportionate to the aim of preventing crime and disorder.
The search in Gillan and Quinton v UK also breached A8 as there was no grounds for it.

Question 15

Private life:
Sexuality

Answer 15

Goodwin v UK - banning homosexuals marrying breached their right to a private life.
Gender recognition act was passed.

Question 16

Sheffield and Harshaw v UK

Answer 16

Article 8 is a living instrument so must move with the times.

Question 17

Private life:
Reputation/ names/ private information

Answer 17

Richard v BBC confirmed Van Hanover v Germany:
Does C have a reasonable expectation in relation to:
- Attributes of the claimant
- Ntaure of authorities which the claimant was engaged
- Circumstance information came into publishers hands.

Question 18

Peck v UK

Answer 18

CCTV images published breached privacy

Question 19

Menghasha v MPC

Answer 19

Images taken to exit a kettle breached A8

Question 20

Murray v Express newspapers

Answer 20

Photos of JK Rowling children breached privacy.

Question 21

Private life:
Data

Answer 21

An individual has the right to respect for privacy of their data.

Question 22

Axon v SoS for Health Service

Answer 22

Child who is Gillick competent was held to have their medical records kept private from their parents.

Question 23

S and Marper v UK

Answer 23

Provoked a change in the law to which DNA and fingerprint data is used under Protection of Freedoms Act 2012.

Question 24

Warwright

Answer 24

Strip search was held to violate A8 as it was disproportionate to the aim of preventing crime and disorder.

Question 25

Gillan and Quinton v UK

Answer 25

The search also breached A8 as there were no grounds for it.