Searches, Surveillance and Personal Records These pages are giving examples of court cases that deal with

Article 8 of the European Convention on Human Rights In each example, there were three important tests that had to be met: That the action was in the interests of the country's economic well being, that the action was to prevent a crime, or to find out who committed a crime and lastly, and most importantly, that the action is necessary in a democratic society.

These three points have to test actions by national governments that invade people's privacy, such as listening to their phone calls and searching their offices or homes.

So whenever these situations come to the European Court, and are related to article 8, then the Court asks: "Does this invasion of personal privacy have enough restrictions to prevent abuse?"

If there are enough restrictions, then the national law is OK, and it fits with Article 8. If the court feels that there are not enough clear restrictions on this use of power to invade people's privacy, then the national law has to be changed to fit the European convention. This is because the national law is abusive, so it is not "necessary in a democratic society".

The important points in these cases is that: When national security is concerned, there is more freedom to intercept people's personal information, but there still has to be protection for the citizen. Even if someone is making calls from their office, there has to be protection of these calls, since this is still personal information (something the UK government tried to challenge). Also, if it is a public camera, such as CCTV cameras or cameras on traffic lights, this does not count as an invasion of privacy for Article 8.

Acces to personal records

In these pages we understand the importance of Article 8 for children to understand they childhood. And it gives examples of court cases, in which we discuss two important points: There is no right of access to case records and there is no refusal of complete access. Even though there are no provisions allowing access to case records such standards do not affect the family dynamics. The system is designed in a way to allow access to those children involvdes with the case however are inconsiderate about anyone else requesting information within the records. It gives the example of an adopted child in the age of majority who was seeking information about her biological family and found out he had three brothers. But she was supposed to find non-identifying information because her natural mother had requested that the birth be kept secret. This kind of information fell within the ambit of private life in Article 8. Though there are records indicating that appointing article 8 requirements have had a indisputably positive effect on such areas. Privacy The Parliamentary Assembly of the Council of Europe has defined privacy as the right to live ones own life with a minimum of interference Cases under the article show the operation of the Convention as a living instrument able to reflect the changing and developing attitudes and values of the Contracting Parties.