Privacy law

University: Law

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This essay seeks to analyse article 8 of the European Convention on Human Rights in regards to the privacy law in England, France, and Germany. It will examine if these specific countries have truly encompassed the rights in relation to the law of privacy. This essay will concentrate on private life, family life and correspondence.

Article 8 1) of the ECHR sets out the guaranteed rights from the convention and article 8 2) states the justifications which would allow authorities such as police officers to interfere. The European convention on human rights is very significant for every country who is a member of Europe for numerous different reasons.

Based upon article 8 the case of Barca v Mears of the ECHR. This case will support that the right to receive respect for private and family life has been provided. If the principle established from the case above, which was that no authority can disrupt a family life when there are children amongst this family, was different then this case would actually be violating article 8 of the ECHR.

Another case in the United Kingdom in regards to family life is X, Y and Z v UK . This transsexual wanted to be identified as the father of the child. This was not approved of resulting in a complaint of the violation of article 8 of the ECHR. The courts held unanimously that article 8 was applicable to this case and by fourteen votes to 6 the courts held that there had been no violation of article 8! This case demonstrates that the United Kingdom does apply the laws in relation to privacy law.

On the other hand the family life in France differs from England. In regards to lease provisions in civil 6 February (2003) a family were evicted from a house due to bad behaviour from the children and the affect upon the neighbours privacy.
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