What Human Rights do for Privacy - RightsInfo

What Human Rights do for Privacy

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TOP 50
50 Cases
1984
Europe

Police need a warrant to tap our phones

Related European Convention Articles

A businessman had his phone tapped by the police without a warrant. The European Court of Human Rights said this as a violation of his right to privacy. So, the government introduced the Interception of Communications Act. A warrant is now needed for phone tapping by police and security services.

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Privacy
2014
UK

Secret mass surveillance can be unlawful

Related European Convention Articles

A group of human rights organisations argued that secret mass surveillance uncovered by Edward Snowden was illegal. The Investigatory Powers Tribunal said that it had been illegal for years before the policy had recently been changed.

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TOP 50
50 Cases
2014
UK

The police can’t keep you on their database for ever

Related European Convention Articles

Two people wanted minor crimes committed years ago (shoplifting a packet of fingernails; stealing a bike aged 11) to be removed from the national police database, as it was stopping them getting jobs. Their privacy had been breached and the law was changed.

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    TOP 50
    50 Cases
    2008
    Europe

    Government spying powers are too wide

    Related European Convention Articles

    The European Court said the government's powers to spy were too wide and opaque. Liberty and other civil liberties organisations accused the Ministry of Defence of spying on their phonecalls and emails. This is one of a series of cases challenged the UK to greater openness about surveillance.

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    Privacy
    2007
    Europe

    There is a right to privacy in the workplace

    Related European Convention Articles

    Ten years after Halford, another case of workplace privacy: the monitoring of telephone, e-mail and internet usage of a employees is unlawful and violates her right to privacy, unless it is clearly and fairly disciplined.

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    Health
    2004
    Europe

    Medical staff can’t ignore parents’ objections to treatment of their children

    Related European Convention Articles

    A mother had fought doctors' decisions to give diamorphine to her critically ill disabled son as it could speed up his death. The Court said the approach of the doctors breached the mother and sons' right to family and private life.

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    Children
    2015
    UK

    Children in custody are recognised as vulnerable

    Related European Convention Articles

    A 14-year-old's clothing was removed after her arrest. There was no breach of her right to privacy, but the court emphasised the vulnerable position of children in custody. The police produced a report on vulnerable people in custody.

    Children
    2012
    UK

    Children’s identities are usually kept secret in personal injury cases

    Related European Convention Articles

    A child was involved in a personal injury case. The child's identity was kept a secret, to ensure her compensation was protected from those who might misuse the funds. Publication would breach her right to privacy / family life.

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    Privacy
    2010
    UK

    Police can be sued for revealing a person’s private sex life

    Related European Convention Articles

    A man sued the police for making damaging revelations on his sex-life without proper cause. He won his case, as his right to privacy had been breached.

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      Children
      2008
      UK

      Children can be protected against intrusive media attention

      Related European Convention Articles

      A photograph of the author JK Rowling's son was taken and published without permission or consent. It was decided that the child was entitled to privacy and the law should protect children against intrusive media attention.

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      TOP 50
      50 Cases
      2004
      UK

      The supermodel’s privacy was breached by a tabloid rehab scoop

      Related European Convention Articles

      Naomi Campbell complained about photos taken of her leaving a rehab clinic and published in the Daily Mirror. The UK's highest court found Campbell's right to privacy outweighed that of the press to run the photos.

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      Privacy
      2012
      UK

      Sex offenders can’t be name-shamed on Facebook

      Related European Convention Articles

      A man who had been convicted for sex crimes involving children acted to have Facebook remove his data and photographs from the page "Keeping Our Kid Safe From Predators". Facebook agreed, as that posed a threat to his safety and privacy.

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      TOP 50
      50 Cases
      2010
      Europe

      Police stop and search powers can’t be limitless

      Related European Convention Articles

      Two protesters were stopped and searched, without any grounds for suspicion, by the police. The European Court of Human Rights said this was a violation of their right to privacy. The UK government had to review its anti-terrorism law.

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        Privacy
        2000
        UK

        The right to privacy is recognised by UK law

        Related European Convention Articles

        Since October 2000, when the Human Rights Act entered into force in the United Kingdom, people in the UK have acquired the right to privacy. This was not explicitly protected under UK law pre-2000.

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        Privacy
        2014
        Europe

        There is a “right to be forgotten” by internet search engines

        Related European Convention Articles

        A Spanish man took Google to the Court of Justice of the European Union (not the same as the European Court of Human Rights) to have damaging search results removed. He won: the right to be forgotten is born.

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        Privacy
        2001
        Europe

        Public activities may be protected by privacy

        Related European Convention Articles

        The European Court of Human Rights condemned the unlawful recording of two suspected criminals at their house and at the police station and said in principle a person's activities may be part of their private life even if they take place in a public context.

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          Children
          1989
          Europe

          Care leavers can access their child care records

          Related European Convention Articles

          A care leaver wanted access to care records to establish whether he had grounds to complain of ill-treatment whilst in care. He was not permitted to see the entire file. This breached his right to respect for private life.

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            Privacy
            2011
            UK

            The right to privacy can be protected through “super injuctions”

            Related European Convention Articles

            A celebrity was threatened with the publication of intimate photographs. The judge unusually allowed the use of a special injunction, binding everyone and forever, to ensure the protection of the privacy of the victim once the trial was over.

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            TOP 50
            50 Cases
            2003
            Europe

            A council shouldn’t have given CCTV suicide footage to media

            Related European Convention Articles

            Mr Peck's suicide attempt was caught on CCTV. The local council gave the footage to the media. This was a violation of his right to privacy - things happening in public can still be private.

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              Privacy
              2014
              UK

              Private information can’t be misused by organisations

              Related European Convention Articles

              A group of UK Google users sued Google for the unlawful tracking and collection of their private information. The judge allowed the case to proceed and acknowledged that misuse of private information could result in a damages claim.

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              Privacy
              2011
              UK

              A new law of privacy is evolving, case by case

              Related European Convention Articles

              After the enactment of the Human Rights Act, the UK government blessed the development of privacy law by the Courts. A new claim for misuse of private information is being shaped by judges.

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              Privacy
              2011
              UK

              Reporting of highly sensitive cases can be stopped

              Related European Convention Articles

              A woman in a semi-vegetative state wanted to be allowed to die. A judge defended the privacy of her and her relatives through the first injunction stopping publication of private information on any social media, including Facebook and Twitter.

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              Health
              2014
              Europe

              Medical students can’t watch women give birth without their (genuine) consent

              Related European Convention Articles

              The applicant's privacy rights were breached when she did not give written consent to the presence of medical students when she gave birth. Russian laws were found insufficient in this respect. The booklet on the teaching programme was vague, and made it look like the applicant had no choice in the matter.

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              Children
              2011
              UK

              Children’s rights are better protected in immigration detention

              Related European Convention Articles

              Asylum seekers and their children were detained in an immigration detention centre. Their detention was found to be unlawful and breached their rights to liberty and privacy / family life.

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              What Human Rights do for Privacy
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