Article 8
- 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.
- Intrusion into private life only justified if in public interest
- True but confidential
- Smith and Grady v UK 2000 Gays banned from army is breach of Art 8
- Neimietz v Germany 1993 Enlarged notion of "Inner circle"to beyond home life. Police searched his home which was also his office.
- 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
- Bell v Hogg 1967 OK to search to preserve evidence (copper thieves)
- 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
- respect for private and family life
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