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Flashcards in Article 8 Deck (11)
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1
Q

What are the four ways the article can be engaged?

A

Private life
Family life
Home life
Correspondence

2
Q

Home life can be interfered with in what ways?

A

COUGHLAN v DEVON: moved care homes; breach.

HARROW v QUAZI: cant claim breach if social housing and not paid rent.

HATTON v UK: heathrow.

3
Q

Family life can be interfered with in what ways?

A

KROON v NL: family is not just those married.

QUILLA: under 21 licence licence blanket ban, disproportionate so breach.

ABDULAZIZ: spouse immigration; but ultimately declined due to sham marriage.

DICKINSON: insemination; wife of prisoner; blanket ban for breach.

EVANS: his sperm not to be used by ex wife.

ALIEV v UKRAINE: conjugal visits denied; no breach.

4
Q

How can private life be interfered with?

A
  1. IMAGE RIGHTS: VON HANNOVER.
  2. NO REVIEW: if on list of offenders: THOMPSON (sex offenders) & R v CC MANCHESTER: CRB CHECKS.
  3. PHYSICAL/MORAL INTEGRITY: DUDGEON (sexuality)/COSTELLO-ROBERTS.
  4. SURVEILLANCE
  5. SEARCHES.
5
Q

How is surveillance a breach?

A

R (WOOD): excessive cctv.

KHAN: need permission

REGULATORY INVESTIGATORY POWERS ACT: need permission.

6
Q

When are searched a breach?

A

WAINWRIGHT: body search into prison.

R (GILLAN): must be a serious interference.
ECHR: GILLAN v UK: possessions searched; breach.

7
Q

How can correspondence be interfered with?

A

MALONE: phone bugged; breach.

FOXLEY: mail between solicitor and client.

HALFORD: includes business correspondence.

8
Q

Specifically for prisoners, how is correspondence governed?

A

CAMPBELL: can only be opened, not read, if have reasonable cause to believe abusing the privilege.

DALY: must be present during the search.

9
Q

What are the criteria for a violation of the right to be legal?

A
  1. s8(2) PRESCRIBED BY LAW (SUNDAY TIMES: accessible and clear)

Extended by GILAN & QUINTON: how narrowly prescribed is the power. if wide, likely to be a breach.

  1. NECESSARY IN A DEMOCRATIC SOCIETY (SMITH v GRADY):

Is there a pressing social need?
Was the response proportionate to this aim?

  1. PURSUANT TO A LEGITIMATE AIM
10
Q

What are the legitimate aims a violation can be pursuant of listed at 8(2)?

A

NATIONAL SECURITY: SEGERSTEDT-WILBERG v SWEDEN: disproportionate to have files on every citizen.

PUBLIC SAFETY: ZLYA v NETHERLANDS: deportation satisfied (manslaughter).

ECONOMIC WELL BEING: DE SILVA v NL: denied visa.

PREVENTION OF DISORDER/CRIME: MARPER: keeping DNA & holding indefinitely is a breach/ Wright: list of offenders.

HEALTH AND MORALS: WAINWRIGHT.

RIGHTS OF OTHERS: COPLAND v BBC: no breach. T v BBC: breach; adoption.

11
Q

Is there a general right to privacy?

A

No: WAINWRIGHT.

But: DOUGLAS & ZETA v HELLO: breach of confidence tort attached onto a breach of article 8.

There must be a reasonable expectation of privacy; balance 8 & 10.

MURRAY v UK: reasonable expectation: JK.
BROWNE v ASS. NEWSPAPERS: lied about meeting BF; not given reasonable expectation.

RE S: STEYN: neither article takes precedence, should focus on comparative importance of each fact, the justification for interference and proportionality.