halford_ukECHR1997
The interception of the telephone calls of an employee in a private exchange was a breach of her right of privacy. She had a reasonable expectation of privacy. The police force’s surveillances of the applicant’s telephone (to obtain information regarding a sex discrimination claim she was pursuing in the employment tribunal) was a ‘serious infringement of her rights’ (Article 8 and 13), particularly in the light of the improper use to which the police wished to put the material obtained. The applicant was awarded andpound;10,000 as non-pecuniary damages (even though they rejected her claims that she suffered a stress-related illness as a result of the breach). The interception, being wholly unregulated by statute, was not ‘in accordance with the law’ and was thus an interference with the officer’s article 8(1) right not saved by Article 8(2).
Times 03-Jul-1997, 20605/92, [1997] 24 EHRR 523, [1997] ECHR 32
Worldlii, Bailii
European Convention on Human Rights Art 8
Cited by:
Cited – Anufrijeva and Another v London Borough of Southwark CA 16-Oct-2003
The various claimants sought damages for established breaches of their human rights involving breaches of statutory duty by way of maladministration. Does the state have a duty to provide support so as to avoid a threat to the family life of the . .
Cited – Attorney General’s Reference (No 5 of 2002) HL 14-Oct-2004
The Attorney General sought the correct interpretation of section 17 where a court was asked as to whether evidence obtained from a telephone tapping had been taken from a public or private network. A chief constable suspected that the defendants, . .
Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . .
Cited – X and Y v Persons Unknown QBD 8-Nov-2006
The claimants sought an injunction against unknown persons who were said to have divulged confidential matters to newspapers. The order had been served on newspapers who now complained that the order was too uncertain to allow them to know how to . .
Cited – L v L and Hughes Fowler Carruthers QBD 1-Feb-2007
The parties were engaged in ancillary relief proceedings. The Husband complained that the wife had sought to use unlawfully obtained information, and in these proceedings sought delivery up of the material from the wife and her solicitors. He said . .
Lists of cited by and citing cases may be incomplete.
Employment, Information, Human Rights
Leading Case
Updated: 02 November 2021; Ref: scu.165503
