FITUG e.V. Förderverein Informationstechnik und Gesellschaft

ECHR: Secret listening device invades privacy

http://www.sunday-times.co.uk:80/news/pages/Tuesday-Times/timlawech01001.html

May 23 2000

EUROPEAN COURT OF HUMAN RIGHTS

Secret listening device invades privacy

Khan v United Kingdom (Application No 35394/97)

Before J.-P.Costa, President, and Judges W. Fuhrmann, L. Loucaides, P. Kuris, Sir Nicolas Bratza, H. S. Greve and K. Traja

Section Registrar: S. Dollé

[Judgment May 12, 2000]

As domestic law did not regulate the use of covert listening devices at the time of the applicant's conviction, the European Court of Human Rights held unanimously that the applicant's right to respect for private and family life, as guaranteed by article 8 of the European Convention of Human Rights, had been violated.

Furthermore, as the applicant did not have an effective remedy in respect of his claim under article 8, the Court also held unanimously that article 13 of the Convention had been breached.

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