Convention rights and issues I need to consider
Article 8 Respect for private and family life, home and correspondence
- Is the bugging or monitoring authorised by law?
- Does it pursue a legitimate permitted aim, e.g. national security, prevention of crime?
- Does it meet a "pressing social need"?
- Is it proportionate to the aim and non-discriminatory?
- Has the scope and duration of the interference been judicially authorised?
- Does actual eavesdropping or monitoring comply with the authorised scope and duration?
References to article numbers are to the European Convention on Human Rights except where a Protocol is specified.
The issues listed are not exhaustive.
Do you touch on any of the Convention rights in your work?