Some aspects of the right to privacy under Article 8 of the European Convention on Human Rights

Abstract

The jurisprudence of the European Court on this matter is vast. This is so not only because the Convention itself protects four areas of privacy; that is, 'private life', 'family life', 'home' and 'correspondence', but also because the European Court has shown a trend to give a wide interpretation to these concepts - an interpretation in line with modern life and new technology. Thus for example, 'correspondence' is extended to include eavesdropping by advanced technologies. On the other hand, research on the works of authors, journals and reports of Law Commissions, has shown that there are other issues which fall within the right to privacy, which have not as yet been brought before the European Court. These include issues such as: subjecting persons to drug testing, HIV testing and to other medical examinations, the use and storage of medical records in general, suicide and euthanasia. Realising that I would not be able to deal with all the aspects that may arise under the right to privacy within the stipulated word-limit, I have chosen issues on which there has lately been debate or on which there currently is debate in Malta. Consequently, the title now reads: 'Some Aspects of the Right to Privacy under Article 8 of the European Convention on Human Rights'. However, I must point out that in dealing with each aspect I have limited myself to analysing the latest trends in the jurisprudence of the European Court and analysing the compatibility of particular Maltese legislations with the principles established by the European Court.