Surveillance and Democracy - Essay Example

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Surveillance and Democracy

As seen in s8(2) there has been built into the statute several exceptions which leaves the law somewhat open to interpretation. Firstly, as held in Malone v UK (1984) 7 EHRR 14, the right to respect for private and family life, home and correspondence is not to be infringed upon unless there is statute to the contrary to which the citizens are aware. As stated in Taylor (2002) the EU court has been especially stringent with regard to personal communications (see Kopp v Switzerland (1999) 27 EHRR 91). In this case, the court held that state infringement upon private communications of the citizens displayed a serious breach against their right to a private life.
The EU Convention of Human Rights has maintained that if there is to be a breach of citizen's right to private life it must be for a specific legal purpose, that is to say supported by legal statute. The last area to consider within the framework of the EU Convention of Human Rights is to ascertain the balance of individual citizens' rights against that of the greater good. In short, according to Taylor (2002) this balance requires a test of proportions, essentially measuring the pros and cons. ...Show more

Summary

Although the UK, per se, has not established through statutory means a law which directly addresses the right to privacy of its citizens the state falls under the EU Convention on Human Rights. Article 8 of the convention deals specifically with the right to respect for ones private life, and states as follows:
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