Article 8

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  • Created by: Twil
  • Created on: 13-12-15 11:13
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  • Article 8
    • respect for private and family life
      • Neimietz v Germany 1993 Enlarged notion of "Inner circle"to beyond home life. Police searched his home which was also his office.
        • Respect for business or professional activities
        • Right to  live according to personal preferences and beliefs and sexuality
      • Data protection legislation
      • NB Privacy is not a right
      • Legal recourse
        • True but confidential
          • Breach of confidence 1.information is restricted 2.people informed know it is confidential  3. revelation would be detrimental
        • Untrue
          • Action for defamation
        • Restrained under press codes of practice
          • Douglas v Hello magazine 2001 Wedding guest took photos and sold them to Hello. OK sought injunction but lost - no breach of confidence. Not privacy rights but competing commercial gain rights.
          • IPSO Ind Press Stds Assoc.
            • Intrusion into private life only justified if in public interest
              • Public interest - Detection of crime, H&S, misleading public
              • Campbell v MGN 2004 photographed exiting narcotics anonymous. HOL said breach.
      • Smith and Grady v UK 2000 Gays banned from army is breach of Art 8
    • No interference except when legal and necessary in a democracy
      • Para 2        1. Protection of rights or freedoms of others         2. Prevention of disorder or crime           3. Public safety          4. National security 5.Economic well being 6.Protection of health or morals
      • Test -           1. was there interference? 2. was it legal?           3. was it a proportional means to a legitimate aim?
        • Bell v Hogg 1967   OK to search to preserve evidence (copper thieves)
          • Common law - Should be arrested to search
          • Civic Govt (scotland) act 1970 s60. Reasonable suspicionof stolen property
      • Regulation of search and entry procedures
        • Licensing (Scotland) Act 2005 Power to enter  licensed premises if suspected of licence breach
        • Police must have warrant or justification e.g. serious crime or emergency
          • Tierney v Allan 1989 Police found typewriter matching description of stolen one while looking for gas cylinders. admissible as 'stumbled upon'
          • Leckie v Miln1982 Officers had not seen warrant so didn't know its contents.Evidence was inadmissible
          • Hepburn v Brown 1998 Only those authorised to search may do so.  Warrant said Strathclyde police so City of London guy shouldn't be there. Admissible as done in good faith
          • Aspinall - had child **** on his computer. Police officer accompanied by IT guy who wasn't on the warrant so evidence was inadmissible.
          • Graham v Orr 1995 Officer doing search must not actively seek other items. Arrested for drink driving. Opened car door and looked inside - not allowed.
        • Warrant is necessary unless occupier has given friend full consent


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