What type of right is A8?
It’s a qualified right
What does A8 aim to protect people from?
Arbitrary interferences with private and family life
s6 Human Rights Act 1998
A8 can only be raised in cases involving a public authority
Article 8.1
Everyone has the right to respect for his private and family life, his home and his correspondence
Right to privacy
A citizen has the right to live their own life in a way that they choose do so in private - this extends to the workplace
Right to family life
A citizen’s choices on how they conduct their family relationships must be respected
Right to home life
A citizen’s right to access and occupy their home without interference from public authorities must be respected, which includes the peaceful enjoyment of one’s home
Right to uninterrupted and uncensored correspondence
This includes post, emails, phone calls, texts etc…
A8.2
There shall be no interference by a public authority with the exercise of A8 unless…
1) In accordance with law
2) It’s necessary in a democracy
3) It’s proportionate to the aim pursued
Legitimate aims of A8.2
National security
Public safety
Economic wellbeing of the country
The prevention of disorder/crime
The protection of health/morals
The protection of the rights and freedoms of others
If an interference with an individual’s A8 rights is proven, it’s the state’s duty…
To show that the interference was justified
To show an interference was justified it must…
Important objective
Rational Measures
Not arbitrary
Impairs A8 as little as possible
Interference doesn’t outweigh the objectives
