The Article 8 right to respect for private life has many facets and has often seemed in danger of uncontrolled expansion. The Court of Human Rights has often noted that private life is “not susceptible to exhaustive definition”, embracing “multiple aspects of the person’s physical and social identity”. Read the rest of this entry »
Article 8 and the “outside world”: privacy, reputation and employment – Hugh Tomlinson QC
10 01 2019Comments : 3 Comments »
Tags: Article 8, Hugh Tomlinson QC, Right to Reputation
Categories : Human Rights, Privacy
Case Law, Strasbourg: Magyar Jeti Zrt v. Hungary: ECtHR rules on hyperlinking to defamatory content – Oliver Fairhurst
14 12 2018
On 4 December 2018, the European Court of Human Rights provided some helpful clarification on the potential liability for posting hyperlinks to defamatory content in the case of Magyar Jeti Zrt v. Hungary. In doing so, the Court referred to the ever-growing corpus of European Union law concerning the concept of “communication to the public” contained in Article 3(1) of the InfoSoc Directive 2001/29/EC. Read the rest of this entry »
Comments : 5 Comments »
Tags: Hyperlinking, Oliver Fairhurst, Strasbourg
Categories : Caselaw, Freedom of expression, Human Rights, Internet
Proposed police super-database breaks the law and has no legal basis, but the Home Office doesn’t care – Matthew White
19 10 2018
The announcement from human rights organisation Liberty that it would boycott the UK Home Office’s consultation on the Law Enforcement Data Service, a new super-database for the police, is an indication of how far from acceptable the project is. Read the rest of this entry »
Comments : 1 Comment »
Tags: Matthew White, The Conversation
Categories : Data Protection, Human Rights, Surveillance
Case Law, Strasbourg: Savva Terentyev v Russia, Conviction for inciting hatred against the police violated blogger’s freedom of expression – Dirk Voorhoof
11 10 2018
In Savva Terentyev v. Russia the ECtHR has applied a very high level of free speech-protection for aggressively insulting and hostile comments about police officers, published on a weblog. The ECtHR observes that some of the wording in the blog post was offensive, insulting and virulent, but it found that the (emotional and sarcastic) comments as a whole could not be seen as inciting to hatred or violence. Read the rest of this entry »
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Tags: Dirk Voorhoof, Strasbourg Observers
Categories : Freedom of expression, Human Rights
Case Law, Strasbourg: Mariya Alekhina v. Russia, Pussy Riot, the right to protest and to criticise the President, and the Patriarch – Dirk Voorhoof
18 09 2018
In its judgment of 17 July 2018 the ECtHR has found various violations of the rights of the members of the feminist punk band Pussy Riot. The ECtHR found violations under Article 3 (prohibition of inhuman or degrading treatment), Article 5 § 3 (right to liberty and security) and 6 §§ 1 and 3 (c) ECHR (right to fair trial), in relation to the conditions of their transportation and detention in the courthouse, their pre-trial detention, the treatment during the court hearings (being exposed to public view in a glass dock surrounded by armed police), and restrictions to legal assistance. Read the rest of this entry »
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Tags: Dirk Voorhoof, Peaceful Protest, Pussy Riot, Russia, Strasbourg Observers
Categories : Freedom of expression, Human Rights
Big Brother Watch v UK: What are the implications for the Investigatory Powers Act? – Graham Smith
14 09 2018
Yesterday I was transported back in time, to that surreal period following the Snowden revelations in 2013 when anyone who knew anything about the previously obscure RIPA (Regulation of Investigatory Powers Act 2000) was in demand to explain how it was that GCHQ was empowered to conduct bulk interception on a previously unimagined scale. Read the rest of this entry »
Comments : 3 Comments »
Tags: Big Brother Watch, Cyberleagle, Graham Smith
Categories : Freedom of expression, Human Rights, Privacy, Surveillance
Case Law, Strasbourg: ML and WW v Germany, Article 8 right to be forgotten and the media – Hugh Tomlinson QC and Aidan Wills
4 07 2018
In the case of ML and WW v Germany ([2018] ECHR 554) (available only French), the Fifth Section of the Court of Human Rights dismissed an Article 8 “right to be forgotten” application in respect of the historic publication by the media of information concerning a murder conviction. Read the rest of this entry »
Comments : 3 Comments »
Tags: Aidan Wills, Hugh Tomlinson QC, Rehabilitation, Right to be Forgotten
Categories : Caselaw, Freedom of expression, Germany, Human Rights, Privacy
