Article 8 and Protection

Article 8 and its protection in the law

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  • Created by: Jem
  • Created on: 08-04-13 16:05

Article 8

1.  1.    Everyone has the right to respect for his private and family life, his home and his correspondence.

2.   2.   No interference with this right unless:

·         It is in accordance with law

·         It is necessary in a democratic society

·         It is in the interests of national security

·         Public safety

·         Economic wellbeing of the country

·         Prevention of disorder or crime

·         Protection of health or morals

·         Protection of rights or freedoms of others.

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No Official Legal Protection

As confirmed in Kaye v Robertson: there has never been a tort (wrong) of privacy.  There is no law solely designed to protect privacy.

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Traditional Methods of Protecting Privacy

There are laws that can be used to protect privacy, but these laws were never made for this purpose.  The use of these laws is akin to using a plastic bag in place of an umbrella in the rain; they are ‘plastic bag’ laws.

·         Trespass: Can sue a person that intrudes onto your property, and also gain an injunction to prevent the use or disclosure of material gathered through the trespass.  It requires an ACTUAL intrusion.

o   Bernstein v Skyview: Aerial photographs of a home are not trespass because there was no physical intrusion.

o   Kaye v Robertson: If the property is not the claimant’s then they cannot claim trespass.  In this case, only the hospital could bring trespass action.

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Traditional Methods of Protecting Privacy

·         Nuisance: Created to protect an occupiers quiet enjoyment of their property.  Requires that the action is repetitive and persistent to become a nuisance.  Can sue the person responsible for the nuisance and gain an injunction to prevent the use or disclosure of material gathered through nuisance.

o   Bernstein v Skyview: Where trespass didn’t work, nuisance applied.

o   Khoransdjian v Bush: This case saw protection extended to tenants as well as homeowners.

·         Copyright: Copyrighted material cannot be reproduced without permission.

o   William v Settle: The claimant held the copyright because he commissioned the photos concerned in the case.  It is no good if you are in the photograph and it was taken by someone else.

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Traditional Methods of Protecting Privacy

·         Defamation: This protects a person’s reputation.  Though, only where the information is false.  Defamation will not protect a false reputation.

o   Heather Mills: claimed damages over allegations she was being investigated over charity money.

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