A Practical Guide to Your Human Rights and Civil Liberties by Michael Arnheim

Author:Michael Arnheim
Language: eng
Format: epub
ISBN: 9781847167309
Publisher: Straightforward Publishing

CHAPTER 6

Do You Have a Right of Privacy?

Principles

ECHR Article 8 declares:

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

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

There are three important points to note in connection with this Article:

a) It does not confer a right of privacy. The word “privacy” does not even appear, only the term “private and family life”.

b) In common with the rest of the ECHR, it has vertical effect only, not horizontal. In other words, it is about protection from “public authorities”, not from another person or private entity.

c) It is in direct competition with ECHR Article 6, Freedom of Expression, and section 12 of the HRA, which elevates freedom of expression – and, in particular, freedom of the press – above all other Convention rights.

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