Our Private Family Life

Article 8 under the ECHR 'Right to a private and family life'

 

Article 8: 

 

The right to respect for 

private and family life, 

home and correspondence

1. Everyone has the right to respect for his private and family life, his home

and his correspondence.

 

2. There shall be no interference by a public authority with the exercise of 

this right except such as is in accordance with the law and is necessary in a 

democratic society in the interests of national security, public safety or the 

economic wellbeing of the country, for the prevention of disorder or crime, 

for the protection of health or morals, or for the protection of the rights 

and freedoms of others.

 

Article 8 of the European Convention on Human Rights provides that:

 

 

 

Article 8: The right to respect for private and family life, home and correspondence

Article 8 protects the private life of individuals against arbitrary

interference by public authorities and private organisations such as the

media. It covers four distinct areas: private life, family life, home and

correspondence.

Article 8 is a qualified right, so in certain circumstances public

authorities can interfere with the private and family life of an individual.

These circumstances are set out in Article 8(2). Such interference must

be proportionate, in accordance with law and necessary to protect

national security, public safety or the economic wellbeing of the country;

to prevent disorder or crime, protect health or morals, or to protect the

rights and freedoms of others.

The concept of private life in UK law is based on the classic civil liberties

notion that the state should not intrude into the private sphere without

strict justification. In our modern system aspects of this right are

protected by several regulators and pieces of legislation, including the

Data Protection Act and the Regulation of Investigatory Powers Act.

The current legal and regulatory system is not providing adequate

protection for personal information

We discuss issues of privacy and media freedom under Article 10,

freedom of expression. This chapter focuses on information privacy,

which concerns the collection, use, tracking, retention and disclosure of

personal information. There is evidence that technological developments

and a weak legal and regulatory system leave members of the public at

risk of Article 8 breaches in this area.

The review shows that:

• Britain’s legislation relating to information privacy and surveillance

is patchy, and in some areas there is no protection against 

infringements.

• The regulators and monitors charged with protecting information

privacy are not equipped to deal with the sheer amount of

information being processed and shared.

 

 

FOR MORE DETAILS Contact: Equality Human Rights

 

 

 

 

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