What does Article 8 provide? Flashcards
What does section 1 of Article 8 state?
Everyone has the right to respect for his private and family life, his home and his correspondence.
Who is covered under ‘everyone’?
- Generally, the ECHR protects the rights of citizens.
- However, the ECtHR has ruled that businesses are covered under ‘everyone’.
What does ‘private life’ cover?
- DNA.
- Personal data.
- Identity and sexuality.
- Physical and psychological integrity.
- Reputation.
- Mental health.
What was held in Peck v UK regarding private life?
There is “no exhaustive definition” of private life.
What happened in S and Marper v UK?
- Police retained DNA and fingerprints.
- It was ruled that DNA is a part of a person’s private life.
What happened in MS v Sweeden?
- Sweeden disclosed medical information about a citizen to another government office without consent or knowledge.
- It was ruled that health data is part of a person’s private life.
What happened in Tele2Sverige?
- Data regarding correspondence and bills were kept by the government.
- It was ruled that financial data is a part of a person’s private life.
What happened in Johanssen v Finland?
- Parents were told they could not name their child ‘Axl’ as it was too unusual.
- It was ruled that names are a part of a person’s private life.
What is protected under ‘family life’?
- Living with family.
- Allowing contact with family.
- Included unmarried couples, adoptive families anf foster families.
What is not protected under ‘family life’?
Immigration marriages.
What and who is protected under ‘home’?
- You should not be stopped living at home without a good reason.
- You can stop others entering your home.
- Traveller families and those living in council homes.
What was held in Niemetz v Germany regarding ‘home’?
An office could be part of a ‘home’.
What is meant by ‘correspondence’?
All forms of communication, including emails.
What was held by the ECtHR in Barbulescu v Romania?
Employees should be informed that all work correspondence will be monitored.
