Article 8: The Right to Respect for Private and Family Life (OCR A-Level Law): Flashcards

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Article 8: The Right to Respect for Private and Family Life
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Article 8 ECHR protects

Private & family life, home, correspondence

Four rights under Article 8(1)

Privacy, family life, home, correspondence

UK privacy rights before HRA 1998

No general right to privacy, protection was fragmented

Article 8(2) allows interference when

Lawful & necessary in democratic society

Margin of appreciation definition

Balance between individual rights & state interests

Douglas v Hello! (2001) legal principle

Privacy balanced against Article 10 freedom of expression

Hatton v UK (2001) type of interference

Noise pollution from Heathrow Airport

Gaughran v UK (2020) disproportionate act

Indefinite retention of DNA, fingerprints & photograph

R (Bridges) 2019 Article 8 issue

Facial recognition technology by police

Legislative reform driven by Article 8 example

Data Protection Act 1998

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