article 8

• right to respect for family and private life
• 8(1) everyone has right to respect for family life, private life, home and correspondance
• 8(2) no interference by public authority except when in accordance with the law and necessary in a democratic society
• 8(2) exceptions - national security - public safety - ecnomic wellbeing - protection of health and morals - protection of others rights
• qualified right - article 8
• qualified - needs to strike a balence between needs of individual and needs of community
• proportinatality - is states interference proportionate in terms of achieving a fair balence
• margin of appreciation - how much discretion echr gives member states
• family life includes - children - grandchildren - marraige - same sex couples - adoption and fostering
• private life - includes a persons physical and psychological integrety for which respect is due to ensure development without outside interference
• data protection - no specific privacy law - confidential documents are covered by data protection act 1988
• press intrusion - can be justified if it is in interests of justice according to a10 - try to balence freedom and interests of justice
• sheffield + horsham v uk -states have positive obligation to review law - change gender on birth certificate
• johansen v norway - state has to faciliate contact with parent and child - right of child is paramount
• agyarko +ikuga v secretary of state - only allowed to remain in country if insurmountable obstacles to continuing private life
• nasri v france - can deport criminals but doesn't always
• gillian + quinton v uk - searches must have a legal basis - s44 terrorism act
• halford v uk - surveillance is a breach
• axon v secretary of state - medical records can be confidential under 16 if gillick competent
• s + marper v uk - violation to keep dna indefinatly
• campbell v mgn - not in public interest then A8 wins
• a v b - neither article given preference
• protection of harrasment act 1997 - criminal offence to harrass
• malicious communications act 1998 - letters, cyber communication , threats
• home - wide definition - where you live permenantly or can include a second home
• state has no obligation to provide a home unless severly disabled
• niemietz v germany - home includes workplace