When can privacy be interfered with? Flashcards
What does section 2 of Article 8 state?
The state can interfere if and only if:
- The interference is lawful.
- The interference is necessary.
- The interference is to achieve a legitimate aim.
What is meant by ‘lawful’?
Must be outlined in a legitimate law.
What is meant by ‘necessary’?
It was held in Guardian and Observer v UK that it can mean a “pressing social need”.
What is meant by a ‘legitimate aim’?
In the interests of:
- National security.
- Publice safety.
- The economic well-being of the country.
For the prevention of:
- Disorder.
- Crime.
For the protection of:
- Health.
- Morals.
- Rights and freedoms of others.
What must the interference be in reference to the aim?
Proportionate.
What questions need to be asked to decide whether the interference was proportionate to the aim?
- Were there less restrictive alternatives that could have been taken?
- Do the reasons justify the action taken?
- Were there adequate safeguards?
What happened in Uzun v Germany?
- It was held that surveillance of GPS data to monitor a terrorism suspect did not violate Article 8.
- Was for a legitimate aim and was done within the law by the correct authority.
- The data held was stored and processed in a lawful way.
What is the purpose of the Investigatory Powers Act 2016?
Gives powers to state bodies to intercept communications in order to prevent crime.
What happened in Von Hannover v Germany?
- A Monegasque Princess sued a German newspaper for publishing photos of her children.
- The German courts agreed that it was part of the newspaper’s freedom of expression to publish the photos.
- It was held there had been a violation of Article 8.
What happened in Brown v UK?
- Videos and photos relating to consensual homosexual sadomasochism were discovered during a raid.
- The men argued this was a breach of Article 8.
- The ECtHR stated the interference was lawful as it was necessary to protect the health of multiple individuals.
