Privacy Flashcards
article 8 european court of human rights
everyone has a right to respect for private life. privacy can only be infringed for national security, economic wellbeing, public safety, prevention of crime, health or morals, rights of others
privacy infringements
condiser:
- whether there was a reasonable expectation of privacy
- whether material contributed to debates of society
- location
- mental wellbeing
article 8 vs article 10 echr
8 - right to privacy
10 - freedom of expression
- neither has precedence over the other
court remedies
- damages
- injunctions
- super-injunctions
- injunctions ‘contra mundum’
super injunction
bans media/anyone from publishing anything or that injunction is in place
injunctions ‘contra mundum’
‘against the world’ - bans anyone who knows about injunction from publishing anything and all media organisations