Law 3101A/B Study Guide - Quiz Guide: Telephone Tapping, Covert Listening Device
Document Summary
Article 8 of the convention right to respect for private and family life. 1 kruslin en huvig v france: phone tapping, quality of law, violation echr 8. 2 l di v switzerland: undercover agent, anonymous witness, implies that criminals don"t have a right to privacy, not to use in positive sense/ mistake of court . 3 halford v uk: telephone interception, work, private phone, no proof but held through existing legislation, violation echr 8, 13 (office phone) & j. h. v uk: covert listening device at flat, police station, no legal basis in domestic law, violation echr 8. 5 van vondel v the netherlands: recording private person assistance authority, violation. 6 colon v the netherlands: stop and search area; no violation echr 8 (manifestly ill- founded) 7 k. s. and m. s. v germany: data carrier, search warrant; no violation echr 8. To fall within the scope there needs to be an interference by a public authority.
