ECHR case law Flashcards
1
Q
S and Marper v UK
A
- Database of fingerprints and DNA
2. Disproportionate and not necessary in a democratic society because blanket and indiscriminate
2
Q
Roman Sakharov v Russia
A
- Secret interception of phone communications
2. Violation because no sufficient safeguards against arbitrariness (duration, storage and effectiveness of remedies)
3
Q
Aycaguer v France
A
- Man refused to give his DNA and was convicted
2. Violation because of duration and deletion
4
Q
LL v France
A
- Use of documents from medical records in court proceedings
- Violation because unnecessary in proceedings
5
Q
Satakunnan Markkinapörssi Oy and Satamedia Oy v Finland
A
- Two companies published tax info
- Authorities said that was unlawful
- The companies complained for violation of art. 10
- No violation – Interference was in accordance with the law, for a legitimate aim and struck a fair balance between the different interests
6
Q
Magyar Helsinki Bizottság v Hungary
A
- Authorities refused to display info about ex officio defence counsel to NGO
- Violation of art. 10 – Because interference was not necessary in a democratic society and not proportionate
7
Q
Rotaru v Romania
A
- Person wanted to get some criminal file deleted
2. Violation of art. 10 because no sufficient safeguards
8
Q
Pretty v UK
A
- Wanted to receive assistance from her husband to commit suicide
- No violation of art. 8 – Right to private life does not include a right to die – Necessary in a democratic society
9
Q
Ciubatoru and Others v Moldova
A
- Wanted to get his ethnicity changed – Refused
- Ethnic identity constitutes an essential aspect of private life – There is a negative obligation to refrain from interference – Not necessary in a democratic society
10
Q
Barbulescu v Romania
A
- Employer checked employee’s activity on work computer
2. Violation – Because no prior notice by employer and lack of info
