Jonathan Cooper's Developing Key Privacy Rights: The Impact of the Human PDF

By Jonathan Cooper

ISBN-10: 1841131687

ISBN-13: 9781841131689

ISBN-10: 1847314430

ISBN-13: 9781847314437

With incorporation into family legislation of the eu conference on Human Rights, there's for the 1st time a correct to privateness within the united kingdom. This complete document seems to be on the query of privateness rights in most cases below Article eight. specifically, it examines very important parts: the stability among privateness and freedom of expression within the media and the honour for privateness in a public area, and untangles the which means of options resembling the general public curiosity protection. Drawing on comparative fabric from different international locations, the file is a worthwhile indicator as to the most probably improvement of the concept that of privateness via either the courts and public coverage following the creation of the Human Rights Act. Key matters comprise privateness and freedom of expression, in addition to privateness in public areas.

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Extra info for Developing Key Privacy Rights: The Impact of the Human Rights Act of 1998 (Justice (Hart))

Example text

This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2) The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

See also TP & KM v UK (1998) 26 EHRR CD 84, one of the cases arising from the decision of the House of Lords in X v Bedfordshire County Council [1995] 2 AC 633, in which the Commission found an infringement of Article 8 due to the “careless” removal of a child into care. The case is currently pending before the Grand Chamber of the Court. 24 See, for example, Dudgeon v UK (1981) 4 EHRR 149; Sutherland v UK (Commission Decision of 1 July 1997) [1998] EHRLR 117; Cossey v UK (1991) 13 EHRR 622 (no violation) but see B v France (1993) 16 EHRR 1; Modinos v Cyprus (1993) 16 EHRR 485; Smith & Grady v UK [1999] IRLR 734 (the homosexuals in the military case); Salgueiro da Silva Monta v Portugal (2001) 31 EHRR 47 (homosexuality and custody of the applicant’s daughter; violation of Art 8 taken together with Art 14); ADT v UK (2001) 31 EHRR 33 (prosecution and conviction of a man for engaging in non-violent homosexual acts in private with up to four other men was a violation of Art 8).

Only some of this case law post-dated Winer. 85 CD 112. 86 CD 112. Privacy v Freedom of Expression under the ECHR  Thus the Commission emphasised the “duties and responsibilities” which attend the Article 10 right of freedom of expression, and contemplated that if there were no “actionable remedy” through which the applicants could obtain redress for the invasion of their privacy which they had suffered, this could be in breach of Article 8. In the event, and particularly taking account of the clarification of the scope and extent of actions for breach of confidence since the time of the Decision in the Winer case, the Commission concluded that the applicants had failed to exhaust their domestic remedies by failing to pursue their action in breach of confidence.

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Developing Key Privacy Rights: The Impact of the Human Rights Act of 1998 (Justice (Hart)) by Jonathan Cooper


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