Which statement is correct when considering the right to privacy under Article 8 of the European Convention on Human Rights (ECHR)?

Question

Options

• AThe right to privacy is an absolute right
• BThe right to privacy has to be balanced against other rights under the ECHR
• CThe right to freedom of expression under Article 10 of the ECHR will always override the right to
• DThe right to privacy protects the right to hold opinions and to receive and impart ideas without

• A
  7% (2)
• B
  90% (27)
• C
  3% (1)

Explanation

Article 8 of the ECHR protects the right to respect for private and family life, home and correspondence. However, this right is not absolute and can be subject to limitations by a public authority in accordance with the law and for a legitimate aim. The European Court of Human Rights (ECtHR) has developed a two-stage test to determine whether such limitations are justified. First, the court must examine whether there is a legitimate aim pursued by the public authority, such as national security, public safety or the prevention of crime. Second, the court must assess whether the means used by the public authority are appropriate and necessary to achieve that aim, taking into account all relevant factors such as proportionality, necessity and less restrictive alternatives. Therefore, the right to privacy is not an absolute right but a qualified one that has to be balanced against other rights under the ECHR.

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