PRIVACY LAWS

Question 1

ARTICLE 8 EUROPEAN CONVENTION HUMAN RIGHTS

Answer 1

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

Question 2

ARTICLE 10 EUROPEAN CONVENTION HUMAN RIGHTS

Answer 2

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without inference by public authority and regardless of frontiers

Question 3

HOUSE OF LORDS 2004 RULING

Answer 3

Neither Article 8 or 10 trumps the other

Courts general position is higher up someone is in society, more likely a court is in favour of freedom of expression.

Question 4

SECTION 12 HUMAN RIGHTS ACT 1988

Answer 4

When a court is considering a matter relating to freedom of expression it must take into account any relevant privacy code [IPSO and Ofcom]

Question 5

CLAUSE 2 IPSO CODE

Answer 5

Everyone is entitled to respect for their private and family
life, home, physical and mental health, and correspondence, including digital communications.

ii) Editors will be expected to justify intrusions into any
individual’s private life without consent. In considering an
individual’s reasonable expectation of privacy, account will be taken of the complainant’s own public disclosures of information and the extent to which the material complained about is already in the public domain or will become so.

iii) It is unacceptable to photograph individuals, without their consent, in public or private places where there is a reasonable expectation of privacy