The Reasonable Expectation of Privacy and the Criminal Suspect
Bibliographic Data
| ID | 9195806 |
|---|---|
| Authors | Joe Purshouse (China XD Group (China), corresponding author) |
| Year | 2016 |
| Volume | 79 |
| Issue | 5 |
| Pages | 871-884 |
| Publication date | 2016-09-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12218 |
| OpenAlex | W2517891355 |
| Language | EN |
| Citations received | 1 |
| References cited | 2 |
In In re JR38 , the Supreme Court unanimously dismissed an appeal from a 14 year‐old boy who argued that the dissemination of his image, taken whilst he was participating in sectarian rioting, to local newspapers, violated his rights under Article 8 of the European Convention on Human Rights (ECHR). However, the Court was divided on whether or not the measures taken by the police engaged the applicant's Article 8(1) rights at all. This case raises fundamental questions as to the scope of private life in the context of criminal investigations, and the place of the European Court of Human Rights’ ‘reasonable expectation of privacy’ test in determining whether Article 8(1) of the ECHR is engaged. This case comment subjects the majority's interpretation of Article 8(1) to critical scrutiny, concluding that this interpretation may unduly restrict the scope of Article 8 protection for those subject to criminal investigations
Appeal · Context (archaeology) · Convention · Criminal law · Criminology · Human rights · Interpretation (philosophy) · Political science · Right to privacy · Scope (computer science) · Scrutiny · Sociology · Supreme court · Suspect · Criminal Law and Evidence · European and International Law Studies · European Criminal Justice and Data Protection · History · Law
| Citations per year | 0.25 |
|---|---|
| Citation span | 2022 - 2022 (1) |
| Highly cited | No |