Category Archives: ECHR

The European Commission has today escalated its action against the UK over the alleged conflict between the UK's interception of communications regime and the Data Protection Directive. The announcement is made in this Commission press release. To find out more, and to learn why this story has a curious connection with former high-profile police chief Alison Halford, pictured, please read on...

The Commission's action was triggered by concerns over the online behavioural advertising techniques used by Phorm, reported by Datonomy earlier in the year (see "Bad Phorm" 15 April). It sent the UK government a formal notice in April.

This second stage is a (not very scary sounding) "reasoned opinion", which sets out the three alleged deficiencies in the UK's regime, which is set out in the Regulation of Investigatory Powers Act 2000. The alleged conflicts between UK law … Continue Reading ››
The European Court of Human Rights has issued its judgment in the case of Reklos and Davourlis v. Greece, holding that the taking of photographs of new-born children in hospital without the consent of their parents amounts to a violation of Article 8 of the ECHR.

The application was lodged by the parents of a child born in 1997 in a private clinic in Athens who had been placed in a sterile unit. As part of (an odd) photography service, two photographs of the baby were taken by a professional photographer. The parents naturally objected to this intrusion into the sterile environment without their prior consent. Following the clinic’s refusal to hand over the negatives of the photographs to them, the parents initiated unsuccessful civil proceedings against the hospital. The Greek Court of Cassation subsequently dismissed the appeal on points of law on … Continue Reading ››