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Introduction

Article 8 of the European Convention on Human Rights (ECHR) provides:

‘1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.’

The rights protected under Article 8 are also provided for in Schedule 1 of the Human Rights Act 1998, and are qualified rights (see Practice Note: Convention rights—structure of qualified rights).

Article 8 is engaged whenever one or more of the interests identified at Article 8(1) are in issue.

Private Life

A ‘private life’ is not precisely defined by the ECHR or in the relevant case law.