Article 8 Human Rights

What does this article protect?

Respect for his private and family life, home, and correspondence.

What type of right is it?

Qualified - fairly large margin of appreciation

4 protected interests

• private life

• Family life

• Home

• Correspondence

states positive obligations

To protect citizens from arbitrary interference with private and family life, home and correspondence.

states negative obligations

Not to interfere with a citizens private and family life

3 requirements for interference with rights

1. In accordance with the law

2. Necessary and proportionate

3. For a legitimate aim

5 legitimate aims

1. National security

2. Interests of public safety/ economic wellbeing of country

3. Prevention of disorder of crime

4. Protection of health or morals

5. Protection of rights and freedoms of others

english laws compatible with article 8

• the tort of misuse of private information

• The tort of defamation

• The protection from harassment act 1997

• Malicious communications act 1998

• The data protection act 1998

• The investigatory powers act 2016

tort of misuse of information

Claiming breach of confidence/ confidential info being shared. Under a reasonable understanding/ assumption that it would be confidential.

2-stage test used to establish if private information has been misused

1. Did the claimant have a reasonable expectation that the info disclosed would be kept private?

2. If yes, then the court must balance the rights of both the claimant and defendant. (A8 vs A10)

tort of defamation

A claimant needs to show that the statement complained of

• is defamatory (meaning that an ordinary person would think worse of the claimant as a result of that statement)

• Identifies to him or her, and

• Is published to a 3rd party

types of defamation

libel - defamation in permanent form, eg broadcasting

slander - defamation in transient form, eg spoken, conduct, gestures

defences to claim of defamation

• truth (s2 defamation act 2013)

• honest opinion (s3 defamation act)

• public interest (s4 defamation act)

• internet defences (under e-commerce regulations 2002)

protection from harassment act 1997

covers range of conduct, eg stalking, harassment motivated by race/religion, anti-social behaviour, protest

malicious communications act 1998

offence to send another a letter/communication which conveys:

• message which is indecent/grossly offensive

• a threat

• false information

data protection act 1998

how personal info is used by organisations, businesses or government.

investigatory powers act 2016

powers available to law enforcement/security and intelligence agencies to obtain communications and data.