Article 8 and the ‘reasonable expectation of privacy test’

Sachin Varma looks at the way in which the UK courts deal with Article 8, the right to privacy.

The right to privacy is formalised by Article 8 of The European Convention on Human Rights (‘ECHR’). Article 8 is frequently balanced against Article 10 (freedom of expression), especially in claims involving celebrities and the press. With the rise of technology, the expanding surveillance capabilities of the state, and social media surreptitiously tracking our every move, our rights to privacy are increasingly threatened in the digital age. This article will help demystify this complex but fascinating area of privacy law by focussing on the ‘reasonable expectation of privacy’ test, the judicial approach, and a consideration of the future direction of the law.

A Summary of the “Paedophile Hunter” Case

Tim Reeves offers a case summary of the Supreme Court’s recent ruling in Sutherland v Her Majesty’s Advocate [2020] UKSC 32.

On the 15^th June 2020 the Supreme Court (Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lord Sales, Lord Leggat) ruled that the appellant’s article 8 ECHR rights had not been interfered with in relation to evidence gathered by a “paedophile hunter” vigilante group, which was later relied upon to prosecute the appellant for a number of offences under the Sexual Offences (Scotland) Act 2009.

XX v Whittington NHS Trust and the Human Rights Issues Surrounding Restrictions on Egg Freezing in the United Kingdom

Georgia-Mae Chung analyses the law regarding the use of frozen eggs and argues that needs to evolve in light of the law’s changing understanding of what is meant by “family”.

Whittington v XX: dramatic developments in the meaning of “family”

On 1 April 2020, the Supreme Court held by a majority in Whittington Hospital NHS Trust v XX [2020] UKSC 14 that the cost of commercial surrogacy arrangements abroad was in principle recoverable as damages, regardless of the fact that equivalent arrangements are banned in this country by the Surrogacy Arrangements Act 1985 (“SAA 1985”).[1]