Article 8(1): The Right to Respect for Family and Private Life, Home and Correspondence (AQA A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Four rights under Article 8(1)
Four rights under Article 8(1)
Privacy, family life, home, correspondence
Dual purpose of Article 8
Dual purpose of Article 8
Protects from interference & imposes positive obligations
Privacy includes under Article 8
Privacy includes under Article 8
Sexuality, physical appearance, lifestyle choices
Article 8 family life right
Article 8 family life right
Structure family relationships as chosen by individual
Correspondence protection scope
Correspondence protection scope
All forms: post, email, phone, text messages
Privacy right before HRA 1998
Privacy right before HRA 1998
No general right to privacy existed in English law
Article 8 restriction level
Article 8 restriction level
Most heavily restricted Convention right
3 requirements for Article 8 restrictions
3 requirements for Article 8 restrictions
Prescribed by law, necessary, proportionate
Gaughran v UK (2020) holding
Gaughran v UK (2020) holding
Indefinite biometric data retention is disproportionate
Article 8 balanced against
Article 8 balanced against
Article 10 (freedom of expression)